Invention Summary for Patent Registration in Vietnam

An invention is one of the subjects of industrial property rights and was established based on registration according to Vietnamese laws. In other words, an invention is only protected when registered and granted a protection title certificate. To register an invention, the applicant has to submit a patent application, and one of the mandatory documents required in the patent application is the invention summary. In the article below, Viet An Law Firm will provide clients with some legal information about the Invention Summary for patent registration in Vietnam.

What is the invention summary for patent registration in Vietnam?

According to Article 102 of the Intellectual Property Law 2005 (as amended and supplemented in 2010, 2019, and 2023), documents identifying an invention registered for protection in an application shall include an Invention Description and an Invention Summary. Thus, the Invention Summary can be understood as a necessary document in the patent registration dossier. The Invention Summary plays an important role in providing the most basic summarized information about the invention.

Requirements for the Invention Summary for Patent Registration

Currently, the law no longer has regulations for specific guidelines or requirements about the Invention Summary when registering a patent. However, in the spirit of the previous Circular 01/2007/TT-BKHCN and based on the actual practice of patent registration, Viet An Law Firm provides some basic requirements for the invention summary when registering a patent as follows:

• Number of the Invention Summary to be submitted: 02 copies.
• Content of the Invention Summary:
  • A brief description of the nature of the invention (not exceeding 150 words);
  • Highlight the main content regarding the nature of the invention as presented in the description and drawings to provide summarized information about the invention.
• Format of the Invention Summary:
  • Written document;
  • Drawings;
  • Characteristic formula.

Sample Invention Summary

Invention Summary of the champagne bottle stopper

The invention relates to a champagne bottle stopper that increases tightness and reduces vibration during bottling. This stopper includes a hollow cylindrical portion (1) at the bottom with sealing rings (2) at the top of the hollow cylindrical portion (1), a cap (3) on top of the hollow cylindrical portion (1) with a groove (4) according to the shape of the bottleneck, and a top (5) on the stopper. It is characterized in that the sealing face (6) at the bottom of the hollow cylindrical portion (1) is hemispherical. Thus, when sealing the bottle, the pressure inside the bottle acts on the sealing face (6), flattening it and pressing the bottom of the hollow cylindrical portion (1) tightly against the inner wall of the bottleneck.

Attached is an image of the cross-section of the champagne bottle stopper according to the invention.

Invention Summary of the gold-based alloy

The invention relates to a gold-based alloy containing silver and gallium, characterized by its aim to improve the physical and technological properties of the alloy. This alloy has the following mass composition (% weight):

• Gold: 52% – 56%
• Silver: 43% – 47%
• Gali: 0,9% – 1,2%
• Remaining impurities.

Invention Summary of the method for protecting agricultural soil and plants with insecticides

The invention proposes a method for protecting agricultural soil and plants with insecticides with aiming to save insecticides and reduce environmental pollution. This method includes the following steps: Applying insecticides to a film and covering this film over the agricultural soil and plants.

Some considerations before submitting a patent application

Before submitting a patent application, individuals/organizations should pay attention to the following issues to avoid the competent authority refusing to accept the application and to save time, money, and human resources.

Determine the registration subject

Currently, according to Article 58 of the Intellectual Property Law 2005 (as amended and supplemented in 2010, 2019, and 2023), inventions are protected in two forms: The grant of an Invention Patent or a Utility Solution Patent.

Therefore, the applicant needs to determine whether the registration subject is a technical solution to request patent protection in the form of an Invention Patent or a Utility Solution Patent.

Conditions for Patent Protection

According to Article 58 of the Intellectual Property Law 2005 (as amended and supplemented in 2010, 2019, and 2023), a patent is only protected when it meets the conditions listed in this article, specifically:

• For patents protected in the form of a Invention Patent, the conditions include:
  • Novelty;
  • Inventive step;
  • Industrial application.
• Unless an invention is common knowledge, it shall be protected in the form of the grant of a Utility Solution Patent when it satisfies the same conditions as an Invention Patent but excludes the condition for an inventive step.

Additionally, the applicant has to determine whether the intended registration subject falls under the category of ineligible objects for protection as inventions to avoid having the application returned by the competent authority due to unprotected cases, which would waste time and money on preparing and submitting the application. Ineligible objects for protection as inventions include:

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

The time limit for processing the patent registration procedure

According to Article 119 of the Intellectual Property Law 2005 (as amended and supplemented in 2010, 2019, and 2023), after receiving a patent application, the National Office of Intellectual Property will examine the application as follows:

• Formality examination: 01 month from the filing date.
• Substantive examination: No more than 18 months from the date of the application’s publication if a request for substantive examination is filed before the date of the application’s publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of the application’s publication.

Additionally, in the case of a re-examination, the time limit for re-examination shall be equal to two-thirds of the time limit for the initial examination, and may, in complicated cases, be extended but must not exceed the time limit for the initial examination.

Thus, the time limit for processing the patent registration procedure can extend up to 19 months or longer, depending on specific cases. In practice, most cases require amendments to the application, and this time is not counted in the application processing time, resulting in a generally lengthy duration.

Clients who have related questions or need legal support for Invention Summary for patent registration in Vietnam, please contact Viet An Law Firm for the best support!

Update: 8/2024