Invention is a new innovative technical solution to a problem in any field of technology related to a product or method of influencing any material object using material means. Unlike the invention utility model refers to the device

     Inventions and utility models, being objects of intellectual property (IP), are subject to legal protection if the conditions of their protectability are met. Moreover, if the conditions for the patentability of an invention include “novelty” (the invention is novel if it is not part of all the technical knowledge available in the world in a certain field of technology available before the filing date of the patent application), “industrial applicability” (the invention cannot be of a purely theoretical nature and in accordance with paragraph 4 of Article 1350 of the Civil Code of the Russian Federation it will be considered industrially applicable if it can be used in industry, agriculture, healthcare and other sectors of the economy, as well as in the social sphere) and “inventive step” (not obvious to a specialist in this field of technology), then the utility model must be distinguished by its novelty and industrial applicability.

     It should be remembered that scientific theories and mathematical methods, rules and methods of games, intellectual or economic activities, diagnostic, therapeutic and surgical methods for treating people or animals (as opposed to drugs), plant varieties and animal breeds, etc. are not subject to patenting.

     Often companies, trying to obtain a patent for their development as quickly as possible in order to ensure their competitiveness in the market, try to use already known products, replacing them, for example, with a material, some part or several elements.

     However, for example, replacing a material, despite the fact that the product will formally meet the patentability condition of “novelty,” will not serve as a basis for issuing a patent, since the technical result will be obvious to a specialist.

     A patent cannot be issued when replacing one known element with another, changing its size, increasing their number, or eliminating one of them in order to simplify the product. In this case, the invention will also not be considered patentable, since it does not meet the “inventive step” criterion.

However, a patent may be granted if:

- it was not previously known that any of the remaining elements in the product exhibit the function of the excluded element or that the elimination of this element leads to an unexpected positive result;

- after changing the composition of the material, its physical-mechanical or technical characteristics improve, which leads to obtaining a new technical result;

- a new technology has been developed for obtaining the material, which helps to change its characteristics and eliminate shortcomings.

    When filing an application for development, it is important to decide in what capacity it can be protected - as an invention or utility model.

The advantage of obtaining protection for a utility model is that the conditions for granting it protection are less stringent, since

There is no requirement for an “inventive step”. In addition, the procedure for granting protection to utility models is usually shorter and simpler than for inventions, and the fees for issuing and maintaining them are lower. It should be noted that an application for a utility model or an already registered utility model can be converted into an application for an invention.

       In both cases, obtaining a patent by a legal entity or individual makes it possible not only to achieve a stable position and competitive advantage in the market, gain access to new markets for attracting subsidies and/or investments, but also significant income from licensing activities or alienation of a patent, gaining access to new technologies through cross-licensing, etc.

      In conclusion, I would like to add that filing a patent application and conducting paperwork before the grant of a patent is complex

task, since even before filing an application it is necessary to conduct a patent search, patent research, patent purity research, then correctly write the formula and a complete description of the development in the application using legal and technical terminology.

It is also necessary to correspond with the national or regional patent office at all stages of the examination, answering questions in a timely manner. Such work requires the participation of highly qualified patent attorneys.