FEATURES OF FORMULATION THE CLAIM OF INVENTION OR THE UTILITY MODEL AS OBJECTS OF LEGAL PROTECTION

Abstract

Inventive and patent licensing work is an integral part of the activities of engineering, technical and scientific workers in all spheres of the economy. Invention is creation of technological (technical) solution that meets the conditions of patentability (novelty, inventive step and industrial applicability). Such solutions may, in particular, be inventions or utility models. Therefore, the processing of applications, in particular its component, which are the claim of invention and the utility mode formulal, is an urgent task when preparing the application materials for obtaining the security document - patent. The object of the study in this article was the preparation, the sequence of presentation, taking into account the structure of the interrelated elements and parts of the formula, as a component of an application for an invention or utility model. The purpose of the work was to fully and comprehensively investigate the proper execution of the claim of invention and the utility model as an integral part of the application, and one that defines the scope of legal protection. The task of the work was: to consider the creativity and inventive activity of man as a form of self-realization; analyze the properties of the invention and utility model as objects of legal protection; investigate the features of the claim of invention and utility models. The research methodology was based on the method of materialistic dialectics, methods of analysis and synthesis of both information from official sources and information from the works of other researchers. The scientific work considers the peculiarities of execution of the claim of invention or utility model as an integral part of the application, which is submitted to the state enterprise "Ukrainian Institute of Intellectual Property" for a patent. The purpose of the claim of invention and its requirements have been analyzed. Thus, the features of the invention (utility model) in the claim of invention (utility model) are laid out in such a way as to enable them to be identified, that is, a clear understanding of their content by a person skilled in the art. The composition of the claim containing limiting, separating and distinguishing parts has been analyzed. The features of the content of the application for the invention of "device", "method" and "new application of a known product or process" are considered.