An overview of patent/utility solution

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

1. What is an patent/utility solution?

In a legal sense, an patent/ utility solution is a product, technology process, created by humans, not what (already exist in nature) was discovered by humans.

Accordingly, the basic properties of the patent/utility solution are the technical features because inventions/utility solutions are technical solutions, i.e. technical measures to solve a problem.

2. Five types of an patent/utility solution

Initially, the structure is a combination of the same or different functional details, linked together to perform a certain function, for example, tools, machinery, equipment, mechanical details and components for machines and other products, etc.

Besides, the material is a combination of elements correlated with each other, which is characterized by the presence, proportion, and status of the formed elements and certain functions. The material may be chemical compounds, mixtures, eg materials, materials, food, pharmaceuticals…

Next, a method is a process for the implementation of a series of stages or phases occurring simultaneously or consecutively over time in determining technical conditions by using means of identification, for example, methods or procedures production, processing, mining, measuring, exploration, etc …

Plus, biomaterials are materials containing genetic information, capable of reproducing itself or being reconstructed in biological systems, such as cells, genes, transgenic plants;

Lastly, using a known structure (or a substance, a method, a biological material) for new functionality. That means use them with other functions with known functions, such as using cheese as a toothache medicine.

3. The standards for patent/utility solution protection :

  • Firstly, having novel features compared to the technical level in the world;
  • Secondly, having an inventive step
  • Thirdly, capable of industrial application.

4. The following entities are not protected

  • Idea, principles, and scientific inventions;
  • Method and system of organizing and economic management;
  • Methods and systems of education, teaching, and training;
  • Training method for animals;
  • Language systems, information systems, classification, data sorting ;
  • The design and planning schemes of construction, project planning, and territorial partition.
  • Solution refers only to the external appearance of the product, only aesthetic characteristics that have no technical features;
  • Conventional signs, timetables, rules and regulations, the symbols:
  • Computer software, layout designs of integrated circuits, mathematical models, graphs, and the similarity
  • Plant varieties, animal breeds;
  • Methods of prevention, diagnosis, and treatment of humans and animals;
  • Processes of biological nature (except for microbiological processes) for the production of plants and animals;
  • The objects are contrary to the public interest, public order, principles of humanity.

5. The requests for registration of an patent/utility solution

  • First of all, 02 Registered patent declarations
  • Secondly, 02 descriptions of the invention  requiring protection: the name of the invention, the field of use of inventions, technical conditions, technical nature, the protection claims,
  • Thirdly, 02 Brief description of the drawings, diagrams, the calculation (if any) to further clarify the nature of the technical solution specified in the description.
  • Additionally, 02 patent summary: 150 words
  • Further, 01 signed and sealed authorization letter by the applicant
  • Finally, 01 copy of the first application or certified document the exhibition if the application claims priority right under the international treaty  01 document certifying the legal filing if the applicant has received the right of another applicant (certificates of inheritance, certificate or agreement on transfer of the right to apply, contract work) or paper transferring the right to apply.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333 or Email: hoangson@lsx.vn

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