Patenting of an Invention and an Utility Model Whose Object Is an Innovative Medicinal Product

Abstract

The research is focused on the legal regulation of obtaining patents for inventions or utility models, the objects of which are innovative medicinal products. The study of the intellectual property problems for legal protection of innovative medicinal products is relevant because such tools increase the competitiveness of the economy and promote disease treatment. The purpose of the scientific article is to establish the features of the legal regulation of obtaining a patent for an invention or utility model, the object of which is an innovative medicinal product. The scientific novelty of the study is the propositions to amend the Law of Ukraine “On Medicinal Products” and the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”.
 An analysis of the norms of international documents, laws, and regulations of Ukraine, which establish the legal framework for intellectual property protection has been made. The concept of an innovative medicinal product is given. Possibilities of patenting innovative medicinal products as inventions are determined. The specifics of obtaining a patent for an utility model, the object of which is an innovative medicinal product, have been established. Peculiarities of application examination for inventions and utility models are revealed. Examples of patenting innovative medicinal products as inventions or utility models in Ukraine are given. A comparison of the norms regulating medicinal product patenting and state registration has been made.
 Gaps and inconsistencies have been identified in the legislation that regulates intellectual property rights protection in the field of pharmacy. In particular, contradictions in the legal regulation of the examination of applications for a patent for an invention or utility model, the objects of which are innovative medicinal products. Propositions for amending the Law of Ukraine “On Medicinal Products” and the Law of Ukraine “On Protection of Rights to Inventions and Utility Models” have been identified. The offered amendments are designed to improve the examination of applications for inventions and utility models, the objects of which are innovative medicinal products.