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Mandatory contents of a patent application description in Vietnam

With the continuous development of technology, science and limitless human creativity, more and more inventions are born. In order to be able to protect their inventions, to prevent competitors from copying and using them indiscriminately, many individuals/organizations have chosen to register for protection for their inventions. However, the procedure for patenting an invention is also quite complicated, which can cause confusion and confusion for some individuals/organizations when registering for protection, especially about the description of the invention. Viet An Law will present the Mandatory contents of a patent application description in Vietnam as follows.

Legal basis

  • Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
  • Circular 16/2016/TT-BKHCN amending and supplementing Circular 01/2007/TT-BKHCN on industrial property.
  • Circular 01/2007/TT-BKHCN guiding Decree 103/2006/ND-CP detailing the Law on Intellectual Property.

Some concepts related to mandatory contents of a patent application description in Vietnam

What is an invention?

An invention is a technical solution that can be expressed through a product or process, aimed at solving a specific problem through the application of natural laws and scientific principles. This process requires creativity and meticulous research, helping to create groundbreaking concepts that bring many benefits to society.

What is a patent description?

An invention description is a required document when filing an invention registration application, as provided for in Article 102 of the 2005 Intellectual Property Law. It is part of the patent application file. The patent description consists of two parts: the invention description and the patent scope.

Some examples of inventions

Some famous inventions can be mentioned such as: Thomas Edison’s electric light bulb, Benjamin Franklin’s lightning rod, James Watt’s steam engine, Nobel’s TNT formula, Laennec’s medical headset…

Mandatory contents of invention description and detailed presentation

No Content Instruct
Invention description

(This section must provide enough information related to the invention. At the same time, it must ensure that people with average technical qualifications in the relevant field can apply the solution.)

1 Name of invention The name should be short, clear, and appropriate to the audience, function or technical area to which it is directed. The name should not contain promotional elements

Example: Light bulb manufacturing process; Wastewater treatment products

2 Area of use of the invention The profiler should review the “International Patent Classification” and then compare his inventions and list out the specific technical areas that are related to the invention or the area in which the invention is concerned. used
3 Technical status of the invention In this section, the drafter should introduce one or more pre-existing technical methods that have the same technical nature, purpose, or problem-solving as the invention.

If there is no information on the technical status of the invention, the applicant must specify.

4 Purpose of the invention In this section, the applicant should clearly state the purpose for which the invention is directed (the task or problem that the invention needs to solve). This section must be presented objectively, specifically, without exaggeration or advertising.
5 Technical nature of the invention In this part, it is necessary to clearly state the nature of the invention to be protected, which must include the following contents:

·       The technical problem that the invention solves (or the purpose for which the invention is intended).

·       The signs (characteristics) constituting the invention; new technical signals compared to previously known similar techniques.

·       Possible effects compared to existing technical solutions.

6 Brief description of attached drawings (if any) If the description of the invention contains drawings intended to clearly describe the invention or clarify the nature of the invention, the drafter of the patent application should have a list of the drawings of the invention and an explanation of each figure. concise way.
7 Examples of invention implementation In this section, the profiler should indicate one or more examples of practical application of the invention in order to demonstrate the industrial applicability of the invention and its utility. If the invention is characterized by quantitative signs, the specific value of the sign must be indicated; if not quantifiable, the definite state of the sign must be indicated.
8 Possible effects (if any) If there are new effects that can be achieved and these effects have not been mentioned in the technical nature of the invention, the applicant will list them in this section.
Claims section
1 Claims protection In this section, the profiler needs to determine the scope of protection. One or more points of the invention may be claimed, each of which must be presented in a separate paragraph and numbered.

Note: Must be presented clearly, succinctly, in accordance with the descriptions in the technical nature description.

Summary
In this section, the applicant should summarize the invention in a concise, clear, easy-to-understand manner and must contain the following contents:

·       Area in which the protected invention will use or relate to the invention to be protected

·       Name of invention

·       Technical nature of the invention (briefly describe)

 

Some frequently asked questions about inventions and patent descriptions

In what ways can inventions be protected?

According to the provisions of the 2005 Intellectual Property Law, which was amended and supplemented in 2009, 2019, and 2022, there are two forms of patent protection: Patent for Invention and Patent for Utility Solutions.

When applying for patent protection, is a description of the invention required?

According to the provisions of Clause 1, Article 102 of the current Intellectual Property Law, when registering for patent protection, an invention protection application must include a description of the invention and a summary of the invention.

Thus, an invention description is a must-have document when filing an application for patent protection

How long will the validity of the patent last?

Depending on the form of protection of an invention, there will be different protection periods, specifically:

  • A patent for an invention will be valid from the date of grant and will last for 20 years from the date of filing
  • The utility solution patent is valid from the date of grant and lasts until the end of 10 years from the filing date

Can I extend the validity of my patent?

According to the provisions of the current Intellectual Property Law, the invention will not be extended the validity of the protection title. It is necessary to distinguish between the concept of renewal and maintenance of the validity of a patent. The law only provides for the right to maintain the validity of the patent of the protection title holder. If the certificate holder wishes to maintain the validity of the diploma, he/she can pay a fee to maintain it. Issues related to fees and procedures for maintaining and extending diploma validity will be detailed by the Government.

If you need advice on Intellectual Property Law, trademark protection, patent protection, please contact Viet An Law Firm for the best support.

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