Accordingly, avoiding indifference of patent protection is a must; when registering for a patent title. Yet, the procedure may be confusing to those who are not familiar with the IP law. So, in this article, LSX will answer the question of how to look up a patent protection title under Vietnamese Law?
- 2005 Intellectual Property Law
Definition of inventions, patent
Accordingly, an invention is a technical solution in the form of a product or process that solves a defined problem by applying the laws of nature. Inventions are subject to industrial property rights; the protection will apply in case the inventions fulfill the requirements of the IP Law.
The definition also applies to the case of foreign inventions. Because, in Vietnam, foreigners also have the right to register for a patent.
On the other hand, a patent is a document issued by a competent state agency to an organization or individual to establish industrial property rights for inventions.
Condition for patent protection title
Hence the regulation in IP law, the protection for the inventions may stay in the form of a patent; in case they fulfill the following conditions:
- Having novelty
- Having a creative level
- Capable of industrial application
Procedure for look up a patent protection title
In case of online searching, individuals and organizations access the trademark search address: Dieu kien tim kiem nhan hieu (noip.gov.vn). Then, enter the patent information into the search box.
On the other hand, individuals and organizations may apply for research at the Department of Intellectual Property. In order to search for a patent protection title, the applicant may prepare the following documents:
- Information about an invention includes information such as the name of the invention, the field of use of the invention, the technical status; the technical nature, the content of the claim for protection of the invention, the description of the drawings (if any); the benefits that the invention brings
- Information about the owner of the invention, the creator of the invention
After submitting the dossier at the NOIP, the applicants may receive a comprehensive assessment.
– For Invention Patents, the term of protection is 20 years from the date of filing (annual maintenance fee must be paid)
– For utility solution patents, the protection term is 10 years, from the date of application (an annual maintenance fee must be paid).
Basically, in Vietnam, the following organizations and individuals have the right to register for the protection of inventions:
– Authors create inventions with their own efforts and expenses
– Organizations and individuals invest funds and material means for the author in the form of job assignment or hiring; unless otherwise agreed by the parties and such agreement is not contrary to the provisions of law.