ON STRUCTURE OF PATENT RIGHTS

Abstract

Both foreign and domestic doctrine have traditionally considered right to exclude others from use of the invention as a key or even the only component of exclusive patent rights. Economic relations regulated by patent law are currently rapidly developing though, and today we should acknowledge the economic shift that requires reconceptualization of the dominant postulates of patent law theory. In particular, the prevalent economic functions of contemporary patent law are, firstly, technology transfer aimed at disseminating and practical implementation of innovations, and secondly, ensuring optimal allocation of information about innovations for their proper commercialization and commodification, as well as for their further development. In turn, the above functions in terms of patent rights correlate to right to use the invention and to delegate such use to third parties. Those rights are the rights to the authorized person’s own de facto and de jure actions, in other words, privileges (use rights) and powers (disposal rights).