An idea is a plan, a prototype of some object or action, and therefore an idea can be considered in the field of intellectual property protection, but at the initial stage of its birth it is worth practically nothing. It needs to be refined to such a level that it can be brought to life. Only after this can the idea receive legal protection at the state level
That is, the author of an idea has the opportunity to protect it with a patent for an invention/utility model/industrial design and ensure protection of the exclusive right to it for a long period (20 years for inventions, 10 years for utility models, 25 years for industrial designs). If the idea does not receive further development, that is, it is not brought to the level of industrial production and cannot make a profit, then the meaning of patenting, in this case, is lost.
For example, a patent for an invention must meet the following conditions:
- novelty (the product must be unique in comparison with similar products in the declared form not only in the Russian Federation, but also in all industrialized countries);
- inventive step - a qualitative characteristic of the invention (the author was the first to formulate the problem, indicate the necessary technical means to solve it and determine the path);
- industrial applicability (the ability to manufacture the product).
The most popular objects of intellectual property in Russia are invention, industrial design and utility model. Technical solutions for industry can be formalized by patents for inventions (devices, methods, substances, strains of microorganisms, plant and animal cell lines, genetic designs) or utility models (technical devices, various devices, gadgets, etc.).
As for an industrial design patent, it protects the appearance of a product (design), which in turn must be new and original.
That is, it is not the idea itself that is protected by law, but the idea embodied (or which can be embodied) in life. At the same time, the rapid implementation of a unique idea provides an opportunity to develop a business and make a profit even before competing companies appear on the market.
