ZákonF

ZákonF is a legal and theoretical principle that has been adopted in several jurisdictions to regulate the use and protection of functional intellectual property. The law, codified under Article F in the Czech Republic’s Intellectual Property Act, establishes that any invention, function, or process that is uniquely attributable to a distinct intellectual effort may be granted exclusive rights for a fixed period. The primary objective of ZákonF is to strike a balance between encouraging innovation and preventing monopolistic practices that could stifle competition.

In practice, ZákonF applies to functional designs in hardware, software algorithms, and biological processes where the functional contribution can be clearly defined and measured. Applicants for protection under ZákonF must provide detailed documentation, including scientific validation and patent claims that demonstrate non-obviousness. The law also requires a compulsory licensing mechanism if the function serves a public interest, thereby ensuring that essential technologies remain accessible to society.

Internationally, ZákonF has influenced comparative frameworks such as the European Patent Convention, where similar provisions for functional claims are debated. It has also served as a reference point for emerging fields like artificial intelligence, where the functionality of algorithms can be subject to patentability. Critics argue that the broad interpretation of functional claims risks undermining the patent system’s traditional emphasis on technical inventions. Supporters counter that ZákonF protects breakthrough functions that, while not strictly mechanical, are nonetheless transformative and deserving of legal recognition.