A modern approach to patent protection

    The traditional approach to patenting “everything that came up” carries the following negative aspects:

    • high costs of paying fees and paying royalties
    • risks associated with the disclosure of inventions and technologies in the form of copying them; third-party organizations by making some changes to technical solutions, thereby bypassing patents.

    For the purposes of reliable patent protection of technical solutions, the following methods are used:

    1. Fan Patenting

    A series of similar patents is being compiled for a particular device, method or substance. The claims of the inventions differ among themselves in one or several essential features.
    The advantage of this method is the provision of wide patent protection.
    The disadvantage of this method is the high cost of paying fees and paying royalties.

    2. Umbrella patenting

    The patent formulas concentrate the maximum number of essential features to cover all possible options, modifications and prospects for improving the protected object.
    The advantage of this method is the low cost of paying fees and the payment of royalties, because the maximum number of essential features is concentrated in one patent.
    The disadvantage of this method is the weakened patent protection. Such patents are easier to circumvent than unfair competitors use.

    3. Blocking patenting

    Patents are created with a high level of generalization of essential features aimed at protecting the patentee of areas of technology to which he wants to block the access of competitors.
    The method is used mainly in market capture, as one of the ways to protect against competitors.

    4. Release Patenting

    Aimed at circumventing competitors' patents. A substantial attribute is excluded from the formula of a competing patent, but a new one that has not been previously used is added.

    5. Masking patent and trap patents

    Patents are created aimed at hiding the true nature of patentable inventions: patents for objects that disorient competitors with respect to developed technology objects, patents for non-existent technical solutions.

    6. Parallel patenting of inventions and utility models

    Applications for an invention and utility model with identical formulas are filed simultaneously. This is done in order to avoid the laborious process of translating a utility model into an invention. The term for obtaining a patent for a utility model, as a rule, is from several months to a year; the term for obtaining a patent for an invention can be up to 3 years. Therefore, in order not to wait 3 years, it is convenient to first obtain a patent for a utility model. After receiving a positive decision to grant a patent for an invention, a patent for a utility model is canceled.

    7. Systematically updated patenting of significant improvements to protected objects

    The purpose of such patenting is to improve the objects for which patents have already been obtained. Activities for their patent protection are carried out systematically.

    8. Object patenting

    It is used to create inventions for significant component parts or components of a system, apparatus, machine, etc. In this case, a patent is obtained not for the component product itself, but for the entire system or machine into which it is included.

    Object patenting is especially relevant for manufacturing enterprises, for which the main purpose of obtaining a patent is to protect the products of the enterprise, and not someone else's new idea. In this case, even if the invention relates to an integral part of the product (device), the application is drawn up for the entire device. First off, it's cheaper. Secondly, it’s easier to prove the patent purity of the product.

    The material was compiled on the basis of the presentation “Using Modern Patent Technologies in the Patenting Process” by O.E. Koteneva

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