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Utility solution descriptions in Vietnam

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.

Legal basis

Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022.

Some related concepts

What is an invention?

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.

What is the useful solution?

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.

What is a useful solution description?

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.

Helpful solution description and detailed writing

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:

  • Technical problem solved: This is the problem to which the useful solution is directed, as well as the goal it is intended to solve.
  • Features (characteristics) of utility solutions: Describe in detail the unique and characteristic features of utility solutions. You should highlight the technical aspects that this solution offers, especially what distinguishes it from previously known similar techniques.
  • Possible effects: Present the effects and benefits that the useful solution can bring compared to the existing technical solutions. Please provide specific examples of the improvements and advancements this solution offers.

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:

  • The field in which the protected utility solution will be used or related to the utility solution to be protected;
  • The name of the useful solution;
  • The technical nature of the useful solution (describe briefly).

 

Utility solution descriptions in Vietnam

How to understand the “creative level of invention”?

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.

Are utility patents valid in all countries?

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.

After filing a claim, if I find an error, can I request a correction?

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.

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