Registration of protection of invention
01. Conditions for application
- Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.
- Invention is protected under invention patent or utility solution solution patent.
- An invention shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions:
(a) It is novel;
(b) It is of an inventive nature;
(c) It is susceptible of industrial application.
- An invention shall be protected in the form of the grant of a utility solution patent when it satisfies the following conditions:
(a) It is novel;
(b) It is susceptible of industrial application.
(c) It is not common knowledge
02. Applicable laws
1. Law on Intellectual Property 2005 (amended in 2009)
2. Decree No. 103/2006/NĐ-CP implementing Law on Intellectual Property on industrial property right
3. Circular No. 01/2007/TT-BKHCN
Step 1: Prepare the following documents
– 02 written declarations of registration of mark
– 02 copies of description of invention or utility solution. The description must contain the following:
+ Title of the invention or utility solution
+ Use field of the invention or utility solution
+ Technical state of the use field of the invention or utility solution;
+ Technical nature of the invention or utility solution;
+ Brief description of accompanied drawings (if any);
+ Detailed description of invention realization variations;
+ Examples of invention realization;
+ Benefits (effects) expected to be achieved
– 02 copies of written request of protection of invention or utility solution;
– Receipt for payment of fees and charges;
Step 2: Submit the file at the National Office of Intellectual Property (“NOIP”)
Step 3: The NOIP receives the file
Step 4: The NOIP shall carry out formal examination within 01 months
Step 5: Publication of invention registration applications
(i) An invention registration application shall be published in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within two months after it is accepted as a valid application, whichever is later;
(ii) An invention registration application under the Patent Cooperation Treaty (shall be published within two months from the date it is accepted as a valid application and enters the national phase;
(iii) An invention registration application containing a request for earlier publication shall be published within two months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.
Step 6: Time limits for substantive examination of the NOIP shall not exceed 18 months, from the date of publication of registration applicants if the request for substantive examination is submitted before such date, or from the date of receipt of request for substantive examination if the request is submitted after the date of publication of registration applications.
Step 7: The NOIP shall grant a protection title to the registered invention