PECULIARITIES OF PATENTING STRAINS OF MICROORGANISMS

Abstract

The development of national legislation in the field of industrial property is aimed at ensuring fair protection of the results of the creative work of the inventor. Based on international standards and its own experience, it regulates and regulates all issues related to the patenting of biological objects. The paper considers the requirements for the content of the application for a strain of a microorganism, the legal aspects of the protection of biological objects, namely strains of microorganisms, as well as the features of the qualification examination of applications for a strain of microorganisms. According to the content of the application for a microorganism strain, in particular, it is indicated that in the formula characterizing the microorganism strain include the Latin names of the genus and the species to which it belongs, the purpose of the microorganism strain and, if the microorganism strain is deposited, then the name or abbreviation of the official collection is the depository and registration number of the deposited object. The paper considers the main provisions of the Instructions on the procedure for depositing microorganism strains in Ukraine in order to implement the patent procedure, Approved on June 26, 1995. In addition, in this work, we study using special expertise, the problematic issues that arise during the examination of applications for a strain of microorganisms, and examples of formulas for inventions are given, is patentable. Among the main features of such objects as a microorganism strain, it is indicated that a certificate of deposit of the producer strain indicates that the claimed invention can be used in industry: the strain actually exists, its properties are indicated and it is viable, that is, the claimed invention can be recognized as industrially suitable. Another feature of the claimed microorganism strain is that only previously published documents can refute the novelty, as a rule, these are patent documents that contain a reference to the deposit of this strain in a collection accessible to society.In addition, it was noted that the peculiarity and uniqueness of each individual strain makes the application of the inventive step criterion in the evaluation of living organisms inappropriate.