The registration of patent and utility solution

Inventions are everywhere around us, which can be devised by anyone from a farmer to a doctor or professor, as long as they have an imagination and a determination. However they must comply with the conditions set out in the Intellectual Property Law to be recognized and patented.

I The registration of patent

1. If the registration of the patent for the company or organization, pls supplement with the following documents

No.

Document Name

Quantity

Specification

1

The business license or establishment decision or similar documents

01

The copy

2

A description of patent in which the scope of protection of patent

01

The original

2 registration of the patent for an individual, 2. If the pls supplement with the following documents: (if you register for the company, skip this items)

No.

Document Name

Quantity

Specification

1

ID card/ Passport

01

The copy

2

A description of the patent in which the scope of protection of patent

01

The original

3. The implementation period

Progress of work

Time

To perform records when the customer provides sufficient records

2 working days

Time to accept application form

60 working days

Time to issue the qualification

10-18 months

II Renewal of patent registration

No.

Document Name

Quantity

Specification

1

Patent qualification

01

The original

- Fees for maintaining the validity of the patent qualification for invention / utility solution:

Duration

Amount (thousand VND)

+ 1st Year; 2nd Year

300

+ 3rd Year; 4th Year

480

+ 5th Year; 6th Year

780

+ 7th Year; 8th Year

1,200

+ 9th Year; 10th Year

1,800

+ 11th Year - 13th Year

2,520

+ 14th Year - 16th Year

3,300

+ 17th Year - 20th Year

4,200

- The implementation period:  10 - 15 working days.

III. Consultation on patent protection and utility solution

A protection registration of patent and utility solution is an important and civilized step in protecting the gray matter of the owner. The recognition of an invention or utility solution by a state authority will help the owner to legally possess his or her own gray matter as well as exploit the profit generated by the invention and, at the same time, over against exploiting illegally from other individuals or organizations without the consent of the owner.  

The invention and utility solution can be protected through a registration at the National Office of Intellectual Property. The registration applications of the invention and utility solution are filed with the National Office of Intellectual Property or through the Industrial Property Representation Organizations.

V.L.C is an advisory organization in the field of Business - Investment - Intellectual Property who will represent and on behalf of owners of patent and utility solution to apply for protection of patent and utility solution before the competent State authority. V.L.Crepresents thousands of local and international clients before the National Office of Intellectual Property in the protection of property objects of patent and utility solution.

1. V.L.C gives advice for clients on related issues

- To give advice and look up and evaluate the ability to register the protection of patent and utility solution in accordance with the current Law on intellectual property;

- To define in detail the powers of the owner of patent and utility solution against acts of infringing upon the exclusive right of patent and utility solution;

- To give advice on procedures for the establishment of a ownership right of patent and utility solution in the event that the patent and utility solution satisfies the protection requirements of the law;

- To perform the function of the industrial property representation under the authorization of the client, to carry out the legal procedures for the transfer of the application of patent and utility solution;

- To give advice on the Official letter in reply to the National Office of Intellectual Property's comments on the protection competence of the patent and utility solution;

- To complain the refusal decisions to grant a registration certificate of the patent and utility solution;

- To oppose the application for the Certificate of registration of the patent and utility solution.

2. To complete the file and carry out the procedures for registration of the patent and utility solution

- To complete the registration declaration of the patent and utility solution;

- To be representative of customer to submit and receive results at the National Office of Intellectual Property;

- To be representative to monitor the handling procedures and feedback of the National Office of Intellectual Property;

- On behalf of the customer to complain the Decision of the National Office of Intellectual Property;

- To renewal the qualification of protection of the patent and utility solution;

- To give advice on the use of the registered patent and utility solution.

3. Consulting and representing clients in the enforcement of intellectual property rights

- An appraisal and conclusion on infringements of products/ services that infringes the monopoly of the patent and utility solution at the competent state authority;

- To give advice and request the violator to terminate the violation;

- To complain and coordinate with the State agencies for handling violations related to the patent and utility solution and the unfair competition related to the patent and utility solution.

Patents and utility solutions are two terminologies in the field of intellectual property. An invention is a technical solution in the form of a product or process that addresses a specific problem by the application of natural laws. Under the Intellectual Property Law of Vietnam, the patent is divided into two categories, namely: Patent and utility solution.

An invention is protected in the form of a patent if it is a highly innovative novel product that ordinary people can not think of. It is applicable in an industry and the life. The invention is protected within 20 years from the date of the valid filing.

Utility solutions are products that are designed to improve or enhance the functionality of existing inventions. This device contributes to making the product more useful; a utility solution patent is protected for 10 years.

+ An invention shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions:  

– It is novel

– It is of a creative nature

– It is susceptible of industrial application.

+ Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent when it satisfies the following conditions:

– It is novel

– It is susceptible of industrial application.

+ An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

+ An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep its secret.

+ An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

- It is published by another person without permission from the person having the right to register it as defined in Article 86 of Law on Intellectual Property 2005;

- It is published in the form of a scientific presentation by the person having the right to register it as defined in Article 86 of Law on Intellectual Property 2005;

- It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it as defined in Article 86 of Law on Intellectual Property 2005.

Inventive nature of inventions

An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the relevant technical field.

Inventions which are susceptible of industrial application: An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

Total notes of this article: 0 in 0 rating

Click on stars to rate this article

  Reader Comments

Trademark – brand name

You did not use the site, Click here to remain logged. Timeout: 60 second