The invention is one of the four most popular concepts and most interested by people when it comes to Industrial Property Rights in addition to Trademarks and Industrial design concepts and Utility Solutions.
The difference to distinguish between an invention and a utility solution is that the application of utility solution confirms the creativity of the solution when it is filed and therefore is recorded on different proprietary periods. Inventions are valid from the date of issue and last for twenty years from the filing date, while the utility solutions are valid from the date of issue and last for ten years from the date of filing the application.
Please note that when submitting an application in accordance with the laws of Vietnam, the title of protection is valid throughout the territory of Vietnam, but is not valid throughout the world even though in order to be granted a certificate of qualification according to the Law of Vietnam, the condition that requires an invention has not been publicly disclosed in the form of use, written description or any other form in the country or abroad before the filing date of the invention registration or prior to the priority date in case the invention enjoys priority right.
Under the provisions of the Law on Intellectual Property 2005 (the Law on amendment in 2009 does not modify this provision), there are provisions in Point 12, Article 4 - Interpretation of terms: Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.
The Vietnamese Law stipulated in the Law on Intellectual Property Amended and Supplemented in 2009, in Article 58 on General Conditions for inventions is protected as "An invention shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions: (a) It is novel; (b) It is of an inventive nature; (c) It is susceptible of industrial application." That means an invention that wants to be protected must meet all three necessary and sufficient conditions to be novel, has a creative and capable ability to apply in industry.
Starting from the characteristics that the invention has commercial value, value in transfer of industrial property rights (transfer of registration rights to inventions, transfer of ownership to inventions), the recognition of ownership rights to Industry patent in general and ownership rights to inventions are very important in recognizing the effort, creativity and commercial value brought to the authors and owners of the invention.
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In order to successfully register an invention, it needs to go through three stages: 1. Application stage; 2. Appraisal stage; 3. Certificate issuance stage
Details are as follows:
Stage 1: The application stage, Industrial property representative unit - Minh Khue Law needs to perform the following tasks:
1. Adjust and direct the clients' proposed information and solutions to the right subjects to register and submit the application;
2. Adjust and prepare application documents and estimate the filing costs;
3. Considering the request for priority right (if any) and considering requests for search or content examination (if any);
4. Finishing the content of the invention description, requesting patent protection, summarizing, and classifying images as well as clearly defining detailed pictures related to the invention;
5. Implementation of the application to ensure the confidentiality of the invention.
Patent registration documents include
1/ 02 Invention registration declaration (Minh Khue Law represent client to sign and stamp on the declaration);
2/ 02 Patent description including the scope of patent protection;
3/ Receipts of payment of charges and fees;
4/ Authorize of application owner and Minh Khue Law as an industrial property representative.
Stage 2: Appraisal stage (including form appraisal and content appraisal)
a) Examination of the form of an invention registration application means the examination of compliance with the formal regulations on the application, thereby giving a valid or invalid application conclusion. Examination time is 1 month from the filing date
Applications that are accepted as valid are published in the Industrial Property Gazette in the 19th month from the priority date or the filing date if the application does not have a priority date, or within 02 months from the date of acceptance as a valid application, whichever is later.
In the case of an early patent application requested to be published, it shall be announced within 2 months from the date the National Office of Intellectual Property receives the request for early publication or from the date of acceptance of the valid application, depending on which date is later.
Application publication time: about 18 months
b) Appraisal of content:
Examination of the application content is to assess the protection possibility of the technical solution stated in the application according to the conditions of patent protection (novelty, creativity, industrial applicability) and assessment each point stated in the scope (protection requirements).
The time for an appraisal of the content of patent applications is 18 months from the date of receipt of the request for content examination (if such request is filed after the date of publication of the application) or from the date of publication of the application (if such request is submitted before the date of publication of the application)
In the event that the application is denied or opposed, the National Office of Industrial Property should implement the procedures for answering the refusal or response to a third party's objections depending on the complexity of the invention or solution, and depending on the complexity of the case.
In the event that the application is not rejected or rejected, the application will be granted a certification.
Stage 3: Qualification stage
- Minh Khue Law as an industrial property representative agency is entitled to receive a notice of grant of a patent for a patent application;
- Minh Khue Law Firm will receive the certificate and hand over to the patent owner and finished the successful work of patent registration.
The utility solution also applies the same process of the above invention
Service of registration of intellectual property rights for Invention / Utility Solutions
Industrial Property Representative Minh Khue Law Firm
Contact: Phone number: 0986 386 648 - Chat Zalo
Send request by email: lienhe@luatminhkhue.vn
Sincerely thank you./.
Lawyer - To Thi Phuong Dzung
Translated from: Dịch vụ đăng ký bảo hộ sáng chế tại Việt Nam
