Issue: № 5, 2025
Doi: https://doi.org/10.37634/efp.2025.5.6
The study of international legal protection of inventions is aimed at analyzing the regulatory framework that regulates the protection of inventions in various jurisdictions. The paper examines the main international treaties, in particular the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the European Patent Convention, which form the legal basis for the protection of inventions. The procedural mechanisms for filing patent applications are analyzed, in particular the priority system that allows the applicant to retain the date of the first application when submitting documents in several countries, as well as the issue of harmonizing patentability criteria and exclusions from patenting. Special attention is paid to the interpretation of the norms of international treaties through case law, which in particular concerns the definition of the limits of patent protection for biotechnological inventions and pharmaceuticals. The author provides examples of court decisions that have specified the application of the norms of international patent law, demonstrating how national courts adapt the general provisions of treaties to the specifics of the legal systems of individual states. The study contains a comparative analysis of the experience of countries with developed patent systems and those that are improving their own protection mechanisms, which allows us to identify both common features and differences in the application of international norms. The author suggests specific ways to improve existing legal instruments by harmonizing substantive patent law, improving application procedures and strengthening cooperation between national patent offices. The proposed approaches are aimed at creating a more stable and predictable regime for the protection of inventions, which will contribute to the development of innovations and ensure an appropriate balance between the rights of inventors and public interests.
Keywords : patent law, international legal protection, Paris Convention, PCT, TRIPS, European Patent Convention, case law, innovations
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