From the standpoint of patent law and constitutional approaches to ensuring the rights and freedoms of the individual, the elements of invention and patent rights infringements, the liability for which is established by Article 147 of the Criminal Code of the Russian Federation, are considered in criminal law. It is shown that the terminology of criminal law is not consistent with the legal categories of patent law. The criminal law contains a mixture of personal non-property and property rights as the object of protection and combines very different illegal acts within the framework of the same norm. It is shown that the material elements of crime are inapplicable to the protection of non-property copyrights. It is also substantiated that patent-legal relations are based on the retroactively rebutted presumption of patent validity. In this regard, the protection of patent law with the help of criminal law collides with the constitutional principles of the criminal process, in particular the principle of the presumption of innocence. The considered norm of criminal law, which is aimed at protecting invention and patent rights, is practically inapplicable to some elements of crime described there.