THE OBJECTS OF PATENT LAW

Abstract

In the circumstances of development and functioning of the innovative model of economy, and necessity of creation and introducing of new technics and advanced technologies in manufacture the patent law is of a great importance in the intellectual property law system. The issue of patent law has repeatedly been the subject of researches in the national civil law science, but the question of its objects still remains unresolved. Therefore, the task of this article is to determine the range of the objects protected by patent law, as well as to describe their features. The article draws attention to the existence of different approaches to understanding the concept of «patent» in national legislation and international acts. The invention is analyzed as the most important object of patent-law protection. The inexpediency of defining the invention and its objects by pointing to all fields of technology is emphasized. Regarding to the utility model, the latest legislative changes in the definition of its objects are analyzed, as well as, some considerations are expressed regarding the prospects of introducing the criterion of inventive step for it. As for the industrial design, taking into account the latest changes in the legislation in this area, it is stated that it is inexpedient to refer it to the objects of patent law. It is argued that a plant variety and a breed of animals as the results of selection cannot be attributed to the scope of patent law. It is emphasized that patent law should not be equated with industrial property law – the latter is a broader concept, which, in addition to the objects of patent law, also includes other categories of objects (industrial designs, trademarks, geographical indications, etc.). It is concluded that the objects of patent law are inventions and utility models. In this regard, it is proposed in the process of recoding the rules on industrial designs to be allocated in a separate chapter of the Civil Code of Ukraine.