The invention is a solution in form of a product or process to solve a problem by using natural rules. Vietnamese people are known for their intelligent, inquisitive, and hard-working characters. As a result, they have many great inventions. Annually in Vietnam, many inventions are published and put in use. In the current period, product imitation problems, as well as an invention, are becoming increasingly sophisticated and complex. Therefore, to monopolize certain inventions in the market, the owners should carry out invention protection registration procedures at a competent industrial property agency. However, not all inventions are protected by law, partly because the invention is not registered for invention protection and partly because some inventions do not meet the protection requirements.
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Therefore, for interested customers to have the best invention protection conditions advice following current law, in this article, Viet An Law would like to advise customers on protection conditions for inventions.
An invention is an object of industrial property rights. According to the Law on Intellectual Property, inventions are protected if the following conditions are met:
Notices: In case the invention only meets two conditions: newness and be capable of industrial application, the invention shall not be granted an Invention Certificate but can be granted Monopolization Solution Certificate.
An invention is considered newness if it has not been disclosed in form of use, description in writing, or any other form in the country or abroad before the date of submitting the application for invention registration or before the priority date in case the invention application is one of the cases having priority right.
According to the provisions of law, an invention is considered not to be publicly disclosed if only a limited number of people are known and obliged to keep the invention confidential.
Besides, the Law on Intellectual Property also stipulates that an invention is not regarded as losing its newness if it is published in the following cases, provided that the invention registration application is submitted within 06 months from the date of publication:
An invention is considered as having a creative level if based on technical solutions that have been publicly disclosed in the form of use, description in writing, or any other form in the country or abroad before the submitting date or before the priority date of an invention registration application in the case that an invention registration application is entitled to priority; that invention shall be a creative level, which can not be easily created by someone with average knowledge in the respective technical field.
An invention is considered to be capable of industrial application if it is possible to manufacture quantities of products or to apply the process repeatedly, which is the content of the invention and stable results are obtained.
Notices: if an invention is one of the following cases, it shall not be protected:
The above is the advice of Viet An Law, customers with requests or questions about industrial property in general and inventions, in particular, can contact Viet An Law directly to have timely answers and use the best services.
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