PATENTING AS A METHOD OF PROTECTION OF BIOTECHNOLOGICAL INVENTIONS

Abstract

The article provides a comprehensive scientific and legal study of patenting as the main method of legal protection of biotechnological inventions in the context of modern development of science, technology, and innovative processes. The specific features of the legal nature of biotechnological inventions are analyzed, as they combine the characteristics of the results of technical creativity and objects of natural origin, which determines the complexity of their legal qualification and necessitates the application of a special approach to defining the scope of legal protection. The provisions of the civil legislation of Ukraine and special legislation in the field of protection of rights to inventions and utility models are examined, on the basis of which it is established that the national legal system does not contain specialized regulation of biotechnological inventions, and therefore their protection is carried out within the framework of the general model of patent law.
Particular attention is paid to the criteria of patentability of biotechnological solutions, namely novelty, inventive step, and industrial applicability, as well as to the specifics of their application to objects related to the use of biological material, genetic resources, microorganisms, genes, and other natural components. It is substantiated that the key criterion of patentability in the field of biotechnology is not the mere existence of a particular object in the natural environment, but the presence of human technical intervention, isolation, modification, or the assignment of a specific functional purpose to such an object. In this context, special attention is given to the problem of distinguishing between discovery and invention, which is of fundamental importance for determining the scope of patent protection.
The article also examines the institutional aspect of patenting, in particular the role of the Ukrainian National Office for Intellectual Property and Innovations in conducting the examination of applications and in shaping national law enforcement practice. Particular attention is also paid to the analysis of Ukrainian and European approaches to the patenting of biotechnological inventions. The provisions of Directive 98/44/EC and the practice of the European Patent Office are characterized, demonstrating a higher level of regulatory detail, the existence of specific approaches to biological material, and the consideration of ethical limitations in the field of biotechnology.
Based on the results of the study, it is concluded that patenting serves not only as a tool for the legal protection of biotechnological inventions but also as an important means of stimulating innovative development. At the same time, the effectiveness of this mechanism in Ukraine requires further improvement through the harmonization of national legislation with European Union law, clarification of the conceptual framework, development of specialized approaches to the assessment of biotechnological objects, and the formation of a more consistent law enforcement practice.