PATENT LEGISLATION REFORM (2020): MAIN INNOVATIONS OF INVENTIONS (UTILITY MODELS)
نویسندگان
چکیده
The article considers the main innovations of current legislation concerning inventions and utility models. conditions for granting legal protection an invention (utility model), procedure filing considering application a model, «pre grant opposition» «post procedures, ways to protect patent rights are studied analyzed. author proves importance creating national office (NIPO) in Ukraine. substantiates need adopt separate law on NIPO instead duplicating rules status NIPO, its structure, competence, etc. several legislative acts. determines that eliminated inaccuracy definition certifies intellectual property rather than ownership them. This is fully consistent with theory exclusive Ukraine property. states provides only two types patents (excluding secret official inventions, models): granted 20 years based results qualifying examination, model 10 formal examination. notes this by nature remains declaratory, it under responsibility applicant. researcher innovations, which possibility so-called «evergreen patents» (by improving content inventive step as condition patentability). solution issue model). reform (2020) bypassed improvement regulation use models) taking into account digitalization (in particular, regime «computer implemented inventions» not defined). publication information about important, because from moment becomes public, indefinite number people have opportunity read contents, may see technical essence invention. justifies transfer authority decide issuance compulsory licenses National Intellectual Property Office (or specialized court after creation). finds invalidating was introduced model) might be recognized invalid, currently accepted case law. important innovation introduction declaring invalid out («post-grant opposition») order curb practice patenting unscrupulous applicants well-known solutions.
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ژورنال
عنوان ژورنال: Vìsnik L?vìvs?kogo unìversitetu
سال: 2021
ISSN: ['2078-5615']
DOI: https://doi.org/10.30970/vla.2021.73.067