In business practice, to protect their inventions and useful solutions from competitors, businesses often register for exclusive protection of useful solutions with authorities. However, many businesses, after registering for protection, still do not understand the term of protection of utility solutions in Vietnam. In this article, Viet An Law will explain this issue more clearly.
A useful solution is a product, it can be expressed in many different forms. It can be a physical product, such as machinery, equipment, components, or a chemical product, such as materials, substances, foods, and pharmaceuticals. In addition, the utility solution may also include processes, such as technological processes, diagnostic methods, forecasting, testing, processing, production, or manufacturing. It is important that this solution is specific and feasible to solve a specific problem.
|Form of protection||Can be protected as a utility solution patent||May be protected as a patent|
|Protection conditions||To be protected as a utility solution, a utility solution must meet the following conditions:
||To be protected as a patent, an invention must meet the following conditions:
|Examination period||36 months from the date of application||42 months from the date of application|
|Protected subject matter||Product or solution||Product or process|
In order for the registration of patent protection for useful solutions to take place quickly and smoothly, businesses need to pay attention to following the following order:
Before applying for patent protection for a utility solution, businesses and inventors need to conduct a search on the website of the National Office of Intellectual Property or the World Intellectual Property Organization (WIPO). This will avoid causing conflicts over intellectual property rights, and avoid wasting time and unnecessary legal procedures when disputes arise.
Individuals, organizations, and businesses that want to register for patent protection of utility solutions need to prepare documents including:
After preparing the above documents, individuals, organizations, and businesses can apply through the following forms:
The NOIP is headquartered in Hanoi and has representative offices in Ho Chi Minh and Da Nang. Submit your application as early as possible to ensure your registration priority date.
After receiving the dossier, the NOIP will check the dossier to ensure compliance with formal regulations. The validity period is 1 month from the date of receipt of the request. If the dossier is invalid, the NOIP will notify and set a time limit of 2 months to correct or respond.
If the utility solution registration application is valid, the application will be published in the Industrial Property Official Gazette.
Valid documents will be assessed for substantial examination. The NOIP will consider the subject’s ability to be protected based on the protection conditions.
After the qualified application is accepted, the applicant must pay the granting fee and will receive a utility solution registration certificate.
According to the provisions of Clause 3, Article 93 of the current Intellectual Property Law, the term of protection for a utility solution is ten (10) years from the date of issue.
Thus, the useful solution protection period only lasts 10 years. To optimize the effectiveness of useful solutions, individuals, organizations, and businesses need to balance and have a plan to use and exploit that useful solution most effectively.
In addition, according to the provisions of the current Intellectual Property Law, every year the owner of a utility solution protection certificate will have to pay a fee to maintain the validity of the protection certificate in order to continue using the protection certificate. The owner of the protection title can pay maintenance fees for 10 years. After 10 years, the owner of the protection title will no longer be able to pay maintenance fees due to out of the prescribed protection period.
Regarding the cost of maintaining and using the utility solution protection certificate, clients can refer to the details below:
|Information disclosure fee||120,000 VND|
|Information registration fee||120,000 VND|
|Examination fee required to maintain||160,000 VND|
|Fee for use of protection certificate per year||Year 1||300,000 VND|
|Year 2||300,000 VND|
|Year 3||500,000 VND|
|Year 4||500,000 VND|
|Year 5||800,000 VND|
|Year 6||800,000 VND|
|Year 7||1,200,000 VND|
|Year 8||1,200,000 VND|
|Year 9||1,800,000 VND|
|Year 10||1,800,000 VND|
Thus, to maintain the validity of the utility solution protection certificate, clients need to pay attention to paying fees to maintain the validity of the certificate to avoid cases where the certificate’s validity is not maintained.
According to current regulations, in order to maintain the validity of a utility solution protection certificate, individuals, organizations, and businesses wishing to submit documents and protection fees must submit applications and protection fees within 06 months of the end date of the validity period.
Procedures for maintaining validity can be carried out later than the deadline specified above, but must not exceed 06 months from the end of the previous validity period and the protection title owner must pay an additional 10% late maintenance fee for each month of late payment.
According to current regulations, documents to maintain the validity of a protection certificate include:
Customers with needs related to intellectual property law, patent protection, and utility solution protection, please contact Viet An Law Firm for the best support!
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