PRACTICAL ASPECTS OF THE FORMULATIONOF OF ALTERNATIVE SIGNS IN THE CLAIM OF THE INVENTION (UTILITY MODEL)

Abstract

Abstract. The publication is devoted to the study of the problems of applying the theory and practice of drafting patent applications and expert research of inventions and utility models using such a tool as an alternative. An analysis of the origin of the term alternative and its use in logic and philosophy is carried out. Based on the works of V. L. Bernstein, I. Kant, and R. Hochlenius, the concept of antinomy is analyzed, as an example of the concept of alternative, which became an important milestone in the development of world science and technology. International practice and national regulatory legal acts that provide regulation of the use of the term “alternative sign”, “Markush Claims” are summarized and systematized; peculiarities of their formulation using various language means; and the dependence of the scope of rights on the specific expression of the sign. It is noted that the concept of alternative is used, in particular, in logic, when it comes to two judgments, one of which is necessarily true, and the second is necessarily false. This operation is called a disjunction, which excludes: p or q, but not p and q. Sometimes the principle according to which two mutually exclusive judgments always imply a choice in favor of one of them is called the “principle of alternatives.” Both mutually exclusive judgments cannot be both true (principle of non-contradiction) and false (principle of the excluded third). Therefore, one of them is necessarily true, and the second is false (this is the “principle of alternatives”). However, it should be noted that this is true only for logical judgments. Discourse that is neither true nor false (such as prayer) has no alternative. The fact is that he does not obey logic at all, just as logic does not obey him [1]. In philosophy, the concept of alternative is also used as a system of two propositions, where the truth of one implies the falsity of the other and vice versa. An example of an alternative is Kant’s famous antinomies. The term antinomy, formulated by V. L. Bernstein: reasoning formed by two statements, each of which leads to mutually exclusive conclusions that cannot be classified as either true or false [2]. The term alternative feature of the invention (utility model) is proposed in accordance with the provisions of the current legislation of Ukraine in the field of intellectual property and the essence and meaning of the term “alternative, alternative”.