DEFINITION OF THE SCOPE OF EXCLUSIVE RIGHTS AND INTERPRETATION OF THE FORMULA OF INVENTIONS CONTAINING CELL CULTURES

The features of definition of the exclusive rights scope of inventions containing cell cultures of microorganisms and macro-organisms are examined in the article. Possibility and specificity of application of the doctrine of equivalence relative to the investigated objects are analyzed, which essence consists in broad interpretation of the formula of invention. In accordance with the legal practice, the conclusion is made regarding absence in the Russian Federation of clear methodological basis required for evaluation of equivalence of biotechnological inventions. The article justifies the value of experimental data contained in the description for determination of the scope of inventions legal protection, which content are cell cultures of micro- and macro-organisms.

intellectual property, patent right, biotechnological inventions, specifics of cell cultures, scope definition, interpretation of the claims, description of the claims, doctrine of equivalents, equivalent characteristics, feasibility of invention