Abstract
<jats:p>The article draws attention to the fact that the topic of applying the concept of “invalidation of intellectual property rights to an invention (utility model)” has become particularly relevant in practice following the reform of patent legislation in 2020. The paper examines statistics on court cases of the State Organisation “Ukrainian National Intellectual Property Office” involving the use of such means of protection as the invalidation of intellectual property rights to an invention (utility model) and the invalidation of a patent for an invention (utility model). The purpose of the article is to outline, based on the rules of formal logic and statistical data, the state of the Supreme Court’s judicial practice regarding the application of such an unconventional method of protection as the invalidation of intellectual property rights to an invention (utility model). In terms of methodology, the article is based on an analysis of doctrine, national views, and legislation covering the doctrine of intellectual property rights protection. The research is based on the following general and specific methods of scientific and legal cognition: formal logic, generalisation, linguistic analysis, and comparative law. These methods make it possible to objectively and comprehensively assess the effectiveness of the non-traditional concept of “invalidation of intellectual property rights to an invention (utility model)”. Based on the results of the study, it was concluded that there are no Supreme Court rulings reflecting the practice of applying such a method of protecting rights as “invalidation of intellectual property rights to an invention (utility model)” and the corresponding legal positions. At the level of the Supreme Court’s judicial practice, no legal position has been formed regarding the criteria for applying the concept of “invalidation of intellectual property rights”. Keywords: protection of rights, intellectual property, invalidity, patent, civil legal relations, contract, methods of protecting rights, invention, utility model, judicial practice.</jats:p>