Pitsyk K. Concepts and criteria of patentability of invention, utility model and industrial design

DOI: 10.33098/2078-6670.2023.15.27.2.181-186

Purpose.The purpose of the work is to analyze the concepts and criteria of patentability of an invention, utility model, and industrial design. Methodology.The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, functional, systemic-structural, logical-normative.

Results: In the research process, it was recognized that patent law covers a set of norms regulating relations related to the creation, design and use of inventions, utility models and industrial designs, which include both personal and property rights. A patent is a document that confirms the right to intellectual property in relation to an invention, a utility model or an industrial design. Issuance of a patent is a consequence of the need to define the right to a creative achievement, as well as the possibility for parallel development, since the first person who disclosed knowledge to the public should have the right vested in him.

Scientific novelty. In the research process, it was established that if the technical essence of the object needs to be protected, an application for an invention or a utility model can be submitted, and when it is necessary to protect the appearance, an industrial design is used. Thus, an invention and a useful model are the result of human intellectual activity in any field of technology, and an industrial model – in the field of artistic design.

Practical significance. The results of the research can be used in law-making and law-enforcement activities.

Key words: patent law, invention, utility model, industrial design.

References

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