Human society is in the era of knowledge civilization, the consequence of which is the increasing creativity of people, the results of knowledge labor are created more and more. Therefore, more and more people have a need to protect their creations. However, when many individuals and organizations want to register their inventions, they create but what does the patent application include? To answer your questions, Viet An Law summarizes an article about the Patent registration application in Vietnam below.
- The Law on Intellectual Property 2005 amended and supplemented in 2009, 2019, 2022.
- Circular No. 01/2007/TT-BKHCN guiding the implementation of a number of articles of the Intellectual Property Law on industrial property.
What is a patent?
Pursuant to Clause 12, Article 4 of the Law on Intellectual Property 2005 as amended and supplemented in 2009, 2019, and 2022, it is stipulated that an invention is a technical solution in the form of a product or process to solve a defined problem by means of a product or process. application of natural laws.
An invention is one of the subjects protected by intellectual property rights in Vietnam under the provisions of the Intellectual Property Law and other relevant legal documents.
Patent registration is when the owner carries out the necessary legal procedures to prove that he is the legal and exclusive owner of that invention. After the invention is registered and granted a patent by the National Office of Intellectual Property, the patent owner will be granted a patent for invention and will be protected by law when there is any act of infringement patent rights.
Subjects entitled to apply for patent protection
According to the current intellectual property law, the following subjects will be entitled to file patent applications, including:
- The author creates the invention.
- Organizations and individuals that invest funds and material means for inventors to create inventions.
- Other organizations and individuals are assigned the right to register by the author in the form of a written contract to inherit or inherit in accordance with law.
- Where many organizations and individuals jointly create or invest to create an invention, those organizations and individuals all have the right to register and that right of registration can only be exercised if all organizations and individuals have the right to register. the individual agrees.
Objects not registered for patents
To be able to complete a patent application, the applicant needs a lot of time, money and effort to do it. Therefore, you need to correctly identify the objects that are not protected in the form of patents.
- Inventions, scientific theories, and mathematical methods that are not capable of industrial application are not subject to protection.
- Subjects subject to copyright and non-industrial applicability include: diagrams, plans or rules and methods for performing mental activities, pet trainer, business, computer program.
- The manner in which information is presented is also not the subject of patent protection.
- Solutions that have only aesthetic properties but have no technical value and have no industrial applicability will also not be eligible for patent protection. For objects protected in another form prescribed by the Ministry of Agriculture and Rural Development, including: Animal breeds, animal breeds or production processes of plants and animals that are mainly biological substances. This is the subject of protection in another form prescribed by the Ministry of Agriculture and Rural Development.
- For objects that are methods of preventing, diagnosing or curing diseases of humans and animals since these objects do not meet the criteria for commercialization, they will not be subject to patent protection.
Dossier for registration of patent protection
According to current law, an application dossier for patent registration in Vietnam includes the following papers:
- 02 patent registration declaration, typed according to form No. 02/SC, Appendix A of Circular No. 01/2007/TT-BKHCN .
- Power of Attorney for Viet An Law to carry out the patent registration procedure (if the application is filed through the Viet An Industrial Property Representative Organization).
- 02 Description of invention. The invention description must satisfy the provisions of Point 23.6 of Circular No. 01/2007/TT-BKHCN (including the name of the invention, description, illustrative examples, claims and drawings, if any).
- 02 Abstract of invention (abbreviation must not exceed 150 words and must be separated into separate pages).
- A copy of the priority claim document certified by the authority where the priority application is filed (if the patent application is claimed under the Paris Convention).
- For PCT applications (Patent Cooperation Treaty) filed in Vietnam, in addition to the above documents, you need to provide additional documents as follows: Publication of PCT application, International Preliminary Test Report (PCT/IPER/409) (if any, optional), Notification of changes to the application (PCT/IB/306) (if any), International Search Results Report (PCT/ISA/ 210)… In this case, you can supplement the original of the Power of Attorney for a maximum period of 34 months from the priority date. The information to be provided includes: Full name, address and nationality of the applicant.
- Full name, residential address and nationality of the inventor.
- Name of the invention.
- Priority application number, priority date and priority country of the application (in case your application already has a priority right).
- International application number. In the case of PCT applications filed in Vietnam, an international application publication number must be prepared.
- Proof of payment of fees and charges.
Patent registration service of Viet An Law Firm
Thus, we can see that the patent application file is very specific, with many complicated papers. That’s why you need someone with legal expertise to help. In many cases when applying for registration but being returned to request to amend and supplement content, but many individuals and organizations do not know how to handle it, there have been many cases of returned applications. registration, the description should cause a lot of difficulties for the preparer.
Understand the difficulties in patent registration. Viet An Law, with the function of industrial property representative organisation, provides support for patent registration services to assist and help customers carry out this procedure more easily, as follows:
- Legal advice on conditions and procedures for patent registration in Vietnam and abroad. Consultancy on the feasibility of being granted an exclusive protection title of the invention.
- Look up the novelty of inventions in Vietnam and around the world.
- Writing patent descriptions, filing patent applications.
- On behalf of the customer, prepare all papers for registration of patent protection according to regulations and requirements of the State.
- Carry out all procedures at competent state agencies related to patent registration.
- Exchange and provide information to customers during the patent registration process. Objects and complaints about patent applications.
- Receive patent protection and transfer back to customers.
Above is an article about patent registration application in Vietnam. If you have any questions about patent issues, please contact Viet An Law Firm for the best support!