Patents / Utility solutions

• DEFINITION

  An invention is a technical solution in the form of a product or a process intended to solve a problem by applying natural laws.

  The invention is protected by a patent in the form of an invention patent or utility solution patent.

  An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
  – Being novel;
  – Involving an inventive step;
  – Being susceptible of industrial application.
  Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
  – Being novel;
  – Being susceptible of industrial application.

• REQUIRED DOCUMENTS
  1. Name, address of the applicant(s)
  2. Name, address of the inventor(s)
  3. Specification of invention which is translated into Vietnamese
  4. One original Power of Attorney (according to our form). The scanned copy is acceptable at the filing time. The original one can be submitted within 01 month from the filing date (for convention application) and 34 months from the earliest priority date (for PCT application)
  5. One original certified copy of priority document under Paris convention. The original one can be submitted within 03 months from the filing date.
• PROCEDURES
  – An invention or utility solution registration application shall have its formality examination within 01 month from the filing date.

  – Publication of invention registration applications:

  (i) An invention or utility solution registration application shall be published in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within 02 months after it is accepted as a valid application, whichever is later;

  (ii) An invention or utility solution registration application under the Patent Cooperation Treaty (hereinafter abbreviated to PCT) shall be published within 02 months from the date it is accepted as a valid application and enters the national phase;

  (iii) An invention or utility solution registration application containing a request for earlier publication shall be published within 02 months from the date the IPVN receives that request or the date it is accepted as a valid application, whichever is later.

  – An industrial property registration application shall be substantively examined within the following time limits:18 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication;
• MAINTENANCE
  Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date. Invention patent’s validity should be maintained annually.

  Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution patent’s validity should be maintained annually.

  To have the validity of his/her invention protection title maintained, a protection title holder shall file a request for maintenance of protection titles’ validity and pay a validity maintenance fee within six months before the expiration of the validity term. The payment of the validity maintenance fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed maintenance fee for each month of delayed payment.
• TABLE OF CLASSIFICATION

  1. Concepts

  An invention is a technical solution in the form of a product or a process intended to solve a problem by applying natural laws.

  The invention is protected by a patent in the form of an invention patent or utility solution patent.

  2. Technical solutions

  Technical solution – the object protected under the name of an invention is a necessary and sufficient collection of information on technical methods and / or technical means (application of natural laws) in order to solve a task (a problem) define.

  A technical solution may fall into one of the following forms:

  (i) Products:

  – products in the form of objects, e.g. tools, machines, equipment, components, circuits, etc., represented by a set of information identifying an artificial product characterized by marks. technical marks (characteristics) of structures, products that function (utility) as a means to meet certain human needs; or

  – products in the form of substances (including single substances, compounds and mixtures), e.g. materials, materials, foodstuffs, pharmaceuticals, etc., represented by a set of information identifying a product. man-made features are characterized by technical signs (characteristics) of the presence, proportion and state of the elements, function (utility) as a means to meet certain needs of the child. people; or products in the form of biological materials, for example genes, genetically modified plants / animals, etc., represented by a collection of information about a product containing genetic information modified under the influence of the human being, able to replicate itself;

  (ii) The process or method (manufacturing process; diagnostic, predictive, inspection, handling, etc.) is represented by a set of information that identifies how a process is carried out, a specific task is characterized by signs (characteristics) of the order, participants, measures, means of performing the operation to achieve a certain purpose.

  3. Conditions of protection

  Subjects not protected as inventions are specified in Article 59 of the Intellectual Property Law. Specifically: – Inventions, scientific theories, mathematical methods; – Diagrams, plans, rules and methods for performing mental activities, training pets, performing games, doing business; Computer Programs; – Method of information presentation; – Solutions of aesthetic characteristics only; – Plant varieties, animal breeds; – The production process of plants and animals is mainly of a biological nature, not a microbiological process; – Methods of prevention, diagnosis and treatment of humans and animals.

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