Patent / Utility Solution

Definition

Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.

An invention shall be protected by mode of grant of invention patent or utility solution patent.

Technical solutions

Technical solution - the object protected under the name of an invention is a set of necessary and sufficient information on technical methods and/ or technical means (application of natural laws) which is intended to solve a mission (a problem).

Technical solutions may be in one of the following forms: 

(i) Products in the form of objects, for example, tools, machines, equipment, components, circuits..., expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of structure, that product functions (utilizing) as a means to meet certain needs of human; or products in the form of substances (includingsimple substances, compounds and mixtures), for example materials, food, pharmaceuticals ..., expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, functioning (utilizing) as a means to meet certain needs of human; or products in the form of biological materials, for example genes, genetically modified plants or animals ..., represented by a collection of information about a product containing modified genetic information under human impact, capable of self-replicating;

(ii) Process or method (production process; diagnostic, predictive, test, process, etc.) is represented by a set of information that determines how to conduct a process, a specific job is characterized by signs (characteristics) of the sequence, participants, measures and means of performing operations to achieve a certain purpose.

General conditions for invention or utility solution eligible for protection

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.

The following subject matters shall not be protected as inventions

The following subject matters shall not be protected as inventions:

• Scientific discoveries or theories, mathematical methods;
• Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
• Presentations of information;
• Solutions of aesthetical characteristics only;
• Plant varieties, animal breeds;
• Processes of plant or animal production which are principally of biological nature other than microbiological ones;
• Human and animal disease prevention, diagnostic and treatment methods.

Documents Required for a Patent Application

     1. Patent application form

     2. Patent/utility solution description

The description of the patent/utility solution must include the following:

• Name of the invention/utility solution;

• Field of use of the invention/utility solution;

• Technical status of the field of use;

• Purpose of the invention/utility solution;

• Technical nature of the invention/utility solution;

• Brief description of any accompanying drawings (if any);

• Detailed description of the embodiments of the invention/utility solution;

• Examples of implementing the invention/utility solution;

• Benefits (effects) that can be achieved.

• Claims should be listed separately after the description.

• Drawings, diagrams (if any).

     3. Abstract of the invention/utility solution

     4. Power of Attorney.

Procedure for Patent/Utility Solution Applications

• An invention or utility solution registration application shall have its formality examination within 01 month from the filing date.
• Publication of invention registration applications:

• 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;

Patent/Utility Solution Patent Term

The term of a Patent is 20 years, and the term of a Utility Solution Patent is 10 years, starting from the application filing date, and is not extendable.

Maintenance of validity of protection titles

Our Services

• Consulting on the possibility of patent/utility solution protection;
• Patent/utility solution search and providing related information in Vietnam and abroad;
• Drafting patent applications, including translating and/or writing patent descriptions; filing and following up the application;
• Responding to notifications from the Intellectual Property Office;
• Consulting on the validity of patents;
• Recording changes and transfers of patents;
• Technology transfer consulting;
• Consulting and representing clients in patent registration in PCT member countries;
• Patent annuity.