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How to improve any patent for an invention in IT, using the example of Yandex

Every earthling, even if he is not at all a scientific and technical revolutionary or a patent soldier, who has read this information about the methods of invention, will be able, if desired, to write an innovation proposal or patent for which he will be paid at work or in his business. And, the most amazing thing is that categorically only someone who is engaged in some rather narrow area of IT almost daily can improve and invent new things, and not an "analyst" in general, an associate professor or an official. The world is changing, and what was previously invented and patented as simply scientific, "on the tip of a pen", now must be as practical as possible, as a specific "technical solution".

Payment of such earnings for inventors is officially enshrined in law, both in the Russian Federation and is highly encouraged in all countries of the world. We also have financial support from the Ministry of Education and Science of the Russian Federation, for example, for such a project as "Scientific and methodological support for the mechanism of implementation of the regulatory guillotine in the field of intellectual property." Now the right of each author of some kind of technology improvement to remuneration from an employer is guaranteed by Article 1370 of the Civil Code of the Russian Federation. Although, unfortunately, in 2021, according to the results of the audit of the Ministry of Education of Russia, non-fulfillment of allocated close expenses in the amount of over 26.0 billion rubles was noted, for example.

I will quote a few boring but important (because this is money for everyone who wants to improve) passages from the "Decree of the Government of the Russian Federation dated 11/16/2020 No. 1848 "On Approval of the Rules for Payment of Remuneration for Service Inventions (FROM), service utility Models (PM), service Industrial designs (PO)."

Quotes of the Resolution

"For the employer's use of an official invention, an employee who is its author is paid remuneration in the amount of 3 average salaries of an employee for the last 12 calendar months in which such an invention was used.

For the use by the employer of an official utility model, an official industrial design, an employee who is the author of such PM, software, is paid remuneration in the amount of 2 average salaries of the employee for the last 12 calendar months in which such a utility model, industrial design were used.

Remuneration is paid by the employer to the employee who is the author of the official FROM, official PM, official software, within a month after the expiration of every 12 calendar months in which such FROM, PM, software were used.

In the event of termination of the employment relationship between the employer and the employee who is the author of the official FROM, official PM, official software, the employer is obliged to pay remuneration to the author of such FROM, software, PM in the amount, in the manner and under the conditions established by these Rules."

A little bit of the history of invention. The origin and development of the rationalization movement is associated with the emergence of a scientific approach to the organization and management of labor at the turn of the XIX–XX centuries. Initially, the concept of "rationalization" was synonymous with the concepts of "scientific management", "scientific organization of labor" (NOT). It is believed that the scientific approach to labor organization originated in Russia at about the same time as in the USA and Europe and in 1904, when the first attempts were made to apply the principles of NOTES in the Urals, Lysva and other factories. Before the First World War, there were several enterprises in Russia, the work at which was organized according to the system of the American engineer Taylor, the founder of the NOTES. And the first domestic schools of the rationalization movement date back to 1921.

Now in the modern world, all countries are leaders in economic development, pursuing a policy of stimulating innovation and rational proposals in IT.

For example, the share of expenditures on research and development (R&D, aka research and development, R&D) in the GDP structure in China, the USA, South Korea, Israel and Germany is increasing annually, while the governments of countries such as India, Canada, Russia, Australia and Brazil are reducing them.

The authors of inventions in the United States (FTTA, Federal Technology Transfer Act, 1986) have long received about 15% of royalties from the transfer of created technologies under licenses. In France (S.A.I. Scheme, Commercial and Industrial Service) - 50%. In Germany (Max Planck model) – one third (33.3%) of technology transfer. In the USSR (the law "On Inventions in the USSR"), the author of the invention received at least 20% of the proceeds from the sale of the license and 15% of the profit received annually from the use of technology (during the entire term of the patent). In the USSR, the inventor could receive a reward that allowed him to buy a car or a cottage.

In China, too, for a long time and now the state supports the initiative of making rationalization proposals, conducting scientific research, introducing technical innovations and inventions at enterprises, encourages and rewards employees. The issues of the development of the innovation movement in the People's Republic of China belong to the joint responsibility of state bodies and public organizations.

In 2021, Russia also allocated 486.1 billion rubles for research and development for civil purposes. This is 6.3% (or 32.8 billion rubles) less than planned at the end of 2019 when approving the previous budget. In 2022, it is planned to reduce allocations for civil research and development by 4.8% relative to pre-crisis designs, to 514.4 billion rubles.

In the global innovation market, the annual turnover is several times higher than the turnover of the commodity market, including the oil and gas industries. Undoubtedly, Russia has a huge scientific and technical potential, but in the field of intellectual activity results (RID) is not an authority on the world stage. Although, on the one hand, Russian organizations are recommended to financially encourage inventive and innovative activities in IT, and, on the other hand, there are currently no direct grounds for paying remuneration to the authors of innovative proposals in the laws.

There are only methodological recommendations – "the author of the innovation proposal submits a written application to the head of the organization, the application is registered, and then considered within 1 month from the date of registration. Upon application, a decision is made to recognize or refuse to recognize the proposal as innovative. A person who is not in an employment relationship with this company can also submit such an application."

Tedious, but accurate legal information

A rationalization proposal is a technical, organizational or managerial solution that is new and useful for the organization to which it was proposed by the author (an individual or a group of individuals) and aimed at optimizing the production process and saving the organization's resources.

An innovation proposal is recognized as new to the organization if:

1. Prior to its submission, the same technical, organizational or managerial solution was not used in the organization.

2. It was not provided for by orders or orders of the administration of the organization, it was not developed by the technical services of this organization in the order of performance of an official task, or it was not declared by another person to whom the championship belongs.

3. It is not provided for by mandatory regulations for the organization (standards, specifications, etc.).

4. An innovation proposal is considered useful if it is framed as a "trade secret" (know-how) and its use gives an economic or other positive effect.

About the criteria for giving money for improving technology:

Straight from the training manual, so as not to run far

"The effect of using an innovation proposal may be to increase labor productivity, quality, reliability and durability of the product, to save material and labor resources, to improve working conditions and safety, ecology, etc.

It is not recognized as a rationalization proposal borrowed from information sources, as well as from the work experience of other organizations without additional design or technological improvements in relation to the conditions of the organization.

The minimum amount of remuneration under the contract for the introduction of an innovation proposal to those who create savings is five percent of the annual economic effect of using the innovation proposal.

The minimum amount of remuneration under the contract for the implementation of an innovation proposal for those who do not create savings is five minimum wages.

The violator of the exclusive right to a rationalization proposal, including a person who unlawfully received information concerning the decision of the rationalization proposal and disclosed or used this information, as well as a person obliged to maintain the confidentiality of the rationalization proposal in accordance with paragraph 6 of Article 1555 of this Code, is obliged to compensate for losses caused by violation of the exclusive right to rationalization an offer, unless otherwise provided for by law or an agreement with that person.

The person who used the innovation proposal and did not know and should not have known that its use was illegal, including due to the fact that he gained access to the innovation proposal accidentally or by mistake, is not responsible."

In 2018, the All-Russian Society of Inventors and Innovators (VOIR) createdThe National information system "Bureau of Rationalization and Invention" (NIS BREEZE) and resumed the issuance of certificates and awards on the innovation proposal in general to everyone who can. There you can also offer your own solution for industrial companies and businesses with a monetary reward in order to use "the engineering, scientific, managerial and creative potential of the main resource of our country – intelligence"))

The development of innovation in the workplace in Russia and around the world (mutual plagiarism is inevitable) will allow to achieve an increase in economic indicators without any costs on the part of the states, regulating only the procedure for rewarding innovators in organizations for their profits (seriously).

Personally, as a developer and inventor (work now as a patent specialist in Life of Science is needed only to study the topic from different sides), currently, the development of invention is interested not only for the scientific and technical revolution through an effective TRIZ, not something else good and well-known for "creativity", but purely for the utilitarian and simplified the algorithm of "bypassing" the most interesting patents by any methods.

At the same time, it does not matter in which of the countries of Eurasia and the whole world more innovations in IT will be created. It is known that the conditions of patentability of inventions in the Russian Federation and objects of patent law, for example, in the United States are quite close and the inevitable copying and improvement of such intellectual property is constantly taking place with the help of industrial espionage and scientific research. In any state, the signs are about the following:

  1. Utility, which meets our criterion of "industrial applicability" in daily IT practice.
  2. Novelty, which corresponds to the well-known criterion of "novelty" and "obscurity" of an invention from the "state of the art", revealed after a patent search according to literary sources.
  3. Non-obvious subject matter, corresponding to the Russian understanding of the "inventive level", i.e. for a specialist, it clearly does not logically follow from the "level" of technology development according to available information sources, but is a kind of synergy, rather unpredictable.

The funny thing is that each of these three points can be developed and increased indefinitely. But in this way, you can "bypass" ("import substitution" and improve) every patent for any product (service or product) in the world in stages:

  1. We study the formula and description of the invention or utility model that needs to be circumvented. We pay special attention to the distinctive features of an independent formula item FROM or PM. Sometimes it takes a lot of money to study, and that's the only plug.
  2. We take one or more steps towards further development of the technical solution and draw diagrams of new ideas for technical solutions using TRIZ or in another creative way. Here you just need to know the subject and do not hesitate to be free in thinking.
  3. We analyze new ideas of technical solutions in order to identify new useful qualities and develop them further with the help of TRIZ, experiments and performance statistics. We check if there is such a thing in the world already. And again, you often need special software, expensive devices and the ability to conduct a patent search, as in the first paragraph.
  4. We select the most interesting solution ideas and develop them to new technology options through experiments and statistics. Here we sift the wheat from the chaff and make democratic elections for ideas.
  5. We conduct a patent search through databases and make sure of the novelty of the technology. If there is no novelty, we exclude the solution option "from the list". We finally confirm the choice of a new solution.
  6. We determine the procedure for registering new designs and algorithms with the patent office, write and submit new applications for I&M in Russia, Eurasia or for other places on the planet. We receive a formalized technology from some state with confirmation of innovation. We sell it. Profit!

In accordance with the legislation of the Russian Federation, the invention is only used illegally if every feature of an independent claim FROM or PM is used. Thus, formally, to circumvent someone else's patent for an invention, it is enough to change at least one distinctive feature of the formula.

Even further, I wanted to write in detail about the diagnosis of the state of development of invention and patenting in the Russian Federation by the years from 2018 to 2022, but then I realized that this would again divide people with dichotomous thinking into two warring (sick) camps (for ours against these), no matter how I tried to be as neutral as possible, being objective and simply making quantitative comparisons of statistics.

So now I'll just give you the number of IT patents and their classification, as well as one example of a Yandex patent that this company is extending as relevant, and we'll try to "get around" it in some way - to improve it.

Patents for IS and PM in the IT field can be divided into three main large groups:

1. G06F

Processing of digital data using electrical devices (computer systems based on specific computational models, etc.)

2. G06Q

Data processing systems or methods specifically designed for administrative, commercial, financial, managerial, supervisory or predictive purposes.

3. G16

Information and communication technologies [ICT] specifically designed for specific applications.

There are also "G09 - Learning tools; cryptography; displays; advertising and exhibition business; printing and sealing" and "G11 - Accumulation of information", etc., but there you will not be able to "get around" using only knowledge, skills and available software – you need equipment, as a rule, very expensive.

The number of active Russian patents of Yandex today (March 31, 2022) is 339.

And now let's start the practice of improving a particular invention.

Take, for example, patent RU2757406C1 "Method and system for providing a level of service when advertising a content element" (Authors: Sokolov Evgeny Andreevich, Danilchenko Andrey Petrovich; Patent holder: Limited Liability Company "Yandex").

There are three options for improving this: a rational proposal (a small improvement, insufficient for the patent level (but saving a couple of millions), a utility model (to transfer the maintenance of servers or "storage devices" through a faster or safer device) and, finally– an invention (this is then not only something new, but and how, and when, and why, etc.).

The formula for this FROM Yandex says:

"A method of providing a level of service when advertising a content element, performed by a server implementing a recommendation service to provide a set of digital content elements to a user from a set of users of this service, while data representing the history of interaction between a set of service users with digital content elements and data representing digital content elements are stored in a storage device connected to the server, and the method includes:

- the server receives a request to advertise an element from a set of digital content elements with the required service level, while the service level request includes indications of the target number of users to whom the digital content element is provided and who perform an action on it, and the target time period;

- calculation by the server of the distribution among the many users of the service of the probability of performing an action after providing an element of digital content;

- evaluation by the server of the potential number of users from the set of users of the service to whom an element of digital content can be provided during the target period of time;

- calculation by the server of the probability threshold for the distribution based on data including:

- the target number of users in the service level request,

- calculated distribution and

- the estimated potential number of users; and

- provision by the server of an element of digital content to users from the set of users of the service who have a probability in the distribution exceeding the mentioned threshold."

We apply the algorithm of the above points 1-6 to the formula using TRIZ techniques or otherwise.

The simplest solution to improve and "bypass" is to stupidly increase the accuracy of the service by offering the user more relevant objects, to make maximum personalization as opposed to standard unification, which does not take into account the interests of a particular user. How can I do this as quickly as possible? It's very simple – by increasing the feedback, asking the user honestly what he thinks about what is being offered. How can I increase motivation to reliably evaluate the proposed content or advertising? Three ways: 1) for each assessment, add some Yandex.market points, for example; 2) use authorization via, for example, Vkontakte or a mobile phone number to verify the assessment; and 3) make a separate web service to collect all feedback about advertising for everyone (with the accumulation of points in your personal account and reliable authorization, even through a bank), where everyone will sincerely be able to collect their real preferences for themselves and future purchases, so that the machine can understand the desires and tastes of a person without stealing pieces of personal data, but directly and almost completely.

So, we make such a website and service in a couple of days, test, check the statistics of the effectiveness of the reliability of ratings, personalization of advertising for a month, set out this week according to formal rules, apply to Rospatent and Hoban – we receive a patent with analogues of the RU2706473C1 type "System and search method with automated provision of content of goods and / or services via a transmission network data" (Patent holder: Sergey Alekseevich Gridyaev) or analog RU2675334C1 "System and method for determining the effectiveness of external or internal advertising" (Patent holder: Sticker Ride Limited).

These two patents show in which direction this Yandex patent can be improved, which will be a prototype in it, and 10 more analogues (easy to find, but enough is enough here) will show directions for verification and motivation.

Of course, such an example is very approximate, but we need it only to illustrate how to take any information technology at work and improve it by receiving money for a rational offer or FROM.

It's very good that it doesn't matter in which country or organization the first creative people made any cool invention. After all, sooner or later, even if you make a patent secret, then a fairly profitable and massive technology (product) will be copied by someone and then improved. And although states compete with each other, scientists and creative people will never be able not to work for the maximum number of earthlings, if there is such an opportunity.

"50 million patents have been granted in the entire history of mankind. The task is to make 1 billion. new inventions."

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