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

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.