Besides inventive nature and industrial applicability, one of the conditions for granting patent registration certification is that the invention must be novel.
According to the 2005 Intellectual Property Law, patent applications filed in advance but not being published on or after the publication date of the latter are not considered part of the known technical condition in assessing the novelty of the later application. This provision does not guarantee an adequate and balanced objective between the rights of owners and the interests of the public, such as: the scope of technical status to assess the novelty of an invention has not taken into account the prior application, but has not yet been published on or after the publication date of the following application.
In order to overcome the limitations of the 2005 law, the amended Intellectual Property Law of 2022 establishes two conditions for revealing the novelty of an invention as follows:
Article 60.1 of the IP Law is amended and supplemented as follows: An invention is considered novel if it does not fall into one of the following cases:
After finalizing the invention, the owner needs to determine the type of protection of the invention and perform the classification of the invention according to the International Patent Classification (IPC).
Patent search is intended to determine the feasibility when a registered invention is granted an exclusive protection because the patent registration period is quite long.
After searching and evaluating the patentability of the invention, the applicant submits an application for patent registration.
The time limit for formal examination of an invention registration application is 01 month from the date of filing the application.
Patent/utility model applications are published within the nineteenth month from the priority or filing date. If the application does not have a priority date or within 2 months from the date of accepting the valid application, whichever is later;
Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is filed before the date of publication of the application, or from the date of receipt of the request for substantive examination if the request is filed after application publication date.
After receiving the notice of intention to grant a protection title, the applicant shall pay the granting fee.
After the title fee is paid within two to three months from the date of payment of the fee for the grant of a protection title, the NOIP will issue a patent for an invention.
An invention patent is valid from the date of grant and lasts until the end of 20 years from the filing date/international filing date. The protection effect should be maintained every year.
Clients who have inquiries related to novelty of patent registration in Vietnam, or register a patent in Vietnam as well as abroad, please contact Viet An Law for the most professional support!
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