With the development of science and technology, more and more technical solutions are created. If that process or technical solution is highly applicable in life, it will be granted a protection certificate in the form of exclusive utility solution. So, what does a utility solution patent application include? How to draft utility solution descriptions in Vietnam? Viet An Law summarizes and provides information in this article.
Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022.
An invention is essentially a technical solution expressed in the form of a product or process, aimed at solving a specific problem through the application of natural laws and scientific principles.
A utility solution is a form of patent protection, which is a technical solution in the form of a product or process that solves a defined problem by the application of natural laws.
According to the provisions of Clause 1, Article 102 of the Intellectual Property Law 2005, an invention description is one of the required documents when an individual/organization submits a utility solution registration application.
| No. | Content | Instruct |
| The description of the solution description is helpful
(In this part, the profiler must provide enough information related to the useful solution. At the same time, it must ensure that the person with average technical skills in the relevant field can understand and apply the useful solution. that’s useful.) |
||
| 1 | The name of the useful solution | The name of the useful solution should be short, clear, and appropriate to the audience, function or technical area it is aimed at. The name should not contain promotional elements |
| 2 | The field of use of the useful solution | The person making the protection file needs to see the details of the “International Classification of Utility Solutions” then compare his utility solutions and list out the specific technical areas that are related to the solution. useful or the area in which the useful solution is used |
| 3 | Technical status of the utility solution | In this section, writers need to introduce one or more pre-existing technical methods that are technical, purposeful, or applied to solve the same problem as the useful solution they are working on. present. In the absence of information on the technical condition of the utility solution, the profiler should clearly state this. |
| 4 | Purpose of useful solution | In this section, the person doing the case preparation should clearly describe what the utility solution is about, i.e. the task or problem the utility solution is aiming to solve. Presentation should be objective and specific, not exaggerated or promotional. |
| 5 | The technical nature of the useful solution | In this section, it is necessary to clearly state the nature of the useful solution you are presenting to ensure protection. To do this, you should include the following information:
All of this information should be presented accurately, truthfully, and without exaggeration. |
| 6 | Brief description of attached drawings (if any) | If the description of the utility solution has pictures in order to clearly describe the utility solution or clarify the nature of the utility solution, the drafter of the protection dossier should have a list of drawings of the solution. helpful and explain each figure briefly. |
| 7 | Useful solution implementation example | In this section, the profiler should provide one or more specific examples of practical application of the useful solution to demonstrate its industry applicability and practical value. If the useful solution has quantitative characteristics, the writer should provide specific numbers related to those characteristics. If quantification is not possible, the specific status of such characteristics should be clearly stated. |
| 8 | Possible effects (if any) | If there are new effects that a useful solution can achieve and have not been covered in the section on the technical nature of the solution, the profiler should include a list of those effects in this section. |
| Claims section | ||
| 1 | Claims protection | In this section, the profiler needs to determine the scope of protection. One or more points of a utility solution can be claimed, each point must be presented in a separate paragraph and numbered.
Note: Must be presented clearly, succinctly, in accordance with the descriptions in the technical nature description |
| Summary | ||
In this part, the profiler needs to summarize the useful solution so that it is concise, clear and easy to understand and must contain the following contents:
|
||
An invention is considered to be inventive if it is based on technical solutions that have been publicly disclosed through use, written description or any other form, regardless of whether occurring in the country of origin. or abroad, before the filing date or prior to the priority date if applicable, in the case of a priority patent application. The invention is considered a creative advance if it cannot be easily created by a person with average knowledge of the relevant technical area.
A utility solution patent is a type of patent that is applicable to a specific territory. Therefore, in order to obtain utility solution protection in another country, the applicant needs to register for utility solution protection in the country in which he or she wishes to be protected.
For example, if an applicant applies for a utility solution in Vietnam and receives a utility solution patent here, then this patent is only valid and effective for protection in the territory of Vietnam. In order to obtain utility solution protection in another country, the applicant needs to apply for utility solution registration in that country according to the respective procedures and requirements.
Before the NOIP makes a decision, including a decision to refuse to accept a valid application, to refuse to grant a protection title or to grant a decision to grant a protection title, the applicant may voluntarily or in accordance with the law. request of the NOIP to amend or supplement the application.
Amendments or additions must not exceed the scope of what was disclosed in the original description of the application. Patent applicants need to pay a fee to make changes to the content in the application.
Customers who have needs related to intellectual property law, patent protection, prepare utility solution descriptions in Vietnam, please contact Viet An Law for the best support.
Hanoi Head-office
#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam
Ho Chi Minh city office
Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam
SPEAK TO OUR LAWYER
English speaking: (+84) 9 61 57 18 18 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp)
Vietnamese speaking: (+84) 9 61 37 18 18 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp)
