Novelty is an important factor when registering for a protection title for industrial property rights in general and inventions in particular. However, this is also an issue that individuals and organizations often do not pay attention to or do not clearly understand the provisions of the law when registering. Below, Viet An Law Firm will present cases of granting a patent for an invention loses its novelty.
An invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws. According to the provisions of Article 58 of the Intellectual Property Law, when registering for protection, the following conditions must be met:
Conditions for an invention to be protected in the form of a patent are when all of the following factors are met:
Conditions for an invention to be protected in the form of a utility solution patent if it is not common knowledge must satisfy all of the following factors:
It can be seen that novelty is the first and prerequisite factor when wanting to register for patent protection, whether in the form of an invention patent or a utility solution patent.
An invention is considered new if it does not fall into one of the following cases:
Note: An invention is considered not to have been publicly disclosed if only a limited number of people know and are obligated to keep the invention secret.
Granting a patent for an invention loses its novelty in Vietnam
According to the Intellectual Property Law, cases that have been previously disclosed but have not yet been considered to lose novelty include:
It can be seen that the current regulations have many changes regarding cases where inventions are not considered to lose novelty compared to the Intellectual Property Law 2005 as follows:
On January 1, 2023, Mr. A created invention B and showed his results to some friends (these people must ensure Mr. A’s obligation to keep secrets). After a long time, Mr. A learned that an invention needs to be registered to receive long-term protection. Hesitating about whether your invention will be registered for protection due to loss of novelty or not. On November 1, 2023, Mr. A filed a patent application in Vietnam and was accepted because it belongs to the case where the invention has not lost its novelty when only a limited number of people know and have obligations. keep the invention secret for 12 months from the date of disclosure.
The dossier includes the following documents:
Step 1: Prepare necessary documents for patent registration
We have detailed the patent registration dossier according to the content above, clients can refer to it.
Step 2: Classify the invention that needs to be registered
International patent classification serves the following main goals:
Step 3: Search to evaluate the possibility of registration of the invention
The search will help the author/invention owner evaluate the possibility of registration of the invention before deciding whether or not to continue filing a patent application.
Note: Looking up the possibility of patent registration is very important but not a mandatory procedure, customers can consider looking up. However, as a patent registration consulting unit, we recommend that customers conduct patent search procedures before officially applying.
Step 4: Submit the patent application and registration fee
After having the results of the patent search and the results showing that the invention is capable of registration, customers should apply as soon as possible to have the earliest priority date for registration. In Vietnam, the priority date principle is applied, so whoever applies first will receive priority first.
Step 5: Formality examination of the registration application
The time limit for the formality examination of an invention registration application is 01 month from the filing date.
Step 6: Publish the patent application
Step 7: Substantive examination of the registration application
Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if the request is submitted after the application publication date.
After completing the substantive examination, the National Office of Intellectual Property will issue a Notice of intention to grant a patent or a notice of refusal to grant a patent and the reason.
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