Patent registration in VIETNAM
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- The object of protection of an invention
According to the invention regulations, the object of protection of the invention is a technical solution which is expressed in the form of A PROCESS / A METHOD or A PRODUCT.
Each of the objects will have specific signs and requirements for the manner of presentation in the invention description – a document disclosing the technical solution that the Customer wants to apply for exclusive protection when filing applications for registration at the National Office of Intellectual Property (IP).
- Type of application and standards of protection
A technical solution may be claimed for protection in the form of a patent application or utility solution application (GPHI). Each type of application has different standards of protection, specifically as follows:
To be granted an invention protection title, the technical solution in an invention registration application must simultaneously satisfy the following conditions: being new, being creative, being susceptible of industrial application; For utility solutions, to be granted a protection title, a technical solution only needs to meet two standards of being new and being susceptible of industrial application at the same time.
Due to the lower standard of protection, a GPHI patent will only have a term of protection 10 years from the date of the valid filing of the application, while a Patent has a term of protection of 20 years from the invalid filing date.
Novelty is a prerequisite in the patent / GPHI registration process. A technical solution is considered novelty if it has not been publicly disclosed in the form of its use, description in writing, or any other form at home or abroad before the date of filing of the invention registration application or before the priority date in the case, the application enjoys priority.
The forms that shall be considered to be publicly disclosed can be putting products on the market, publishing on the mass media, in conferences and exhibitions where anyone can access the relevant information. regarding that solution, etc.
Therefore, to avoid the unfortunate coincidence of losing the novelty of the intended solution to the patent /GPHI, the Customer should carry out procedures related to the patent application or the GPHI application before delivering the product to the market.
III. The IP LEADER’s services
To help the customer in patent registration, IP LEADER company can provide the following services:
+ Patent lookup service: With an aim to preliminary estimate the novelty of the technical solution if the Customer’s solution will be identical with the existing solutions on a worldwide scale or not. According to search results, the Customer can decide to continue to apply, make appropriate adjustments to the solution or stop applying;
Although the lookup is not required, we always recommend our customers perform lookups before making the application for registration to facilitate the registration process later or save the costs incurred in the event of an unsatisfactory search result.
+ Consultancy service for description writing, application submission, and follow-up: The invention description is the most important document in the patent registration document and must meet specific requirements in the field related to the patent. Therefore, IP LEADER’s patent specialists will assist the Customer in completing the formal requirements for this document, so that the application is accepted as soon as possible and has the widest range of protection.
- Maner of work
After receiving the confirmation from the Customer about the consent to use the service, IP LEADER company will advise them on additional content to not only preliminary research but also complete the description.
Based on the Customer’s initial information about technical solutions, IP LEADER will find a similar solution in the field (which is licensed by the NOIP and publicly disclosed), to provide the Customer with a Description Template along with the Description Writing Guide.
Therefore, the Customer will show information about the technical solution according to the guided structure, because the Customer is the one who understands her/his best of technical nature.
The role of IP LEADER will be related to editing the description to meet the formal requirements and to present the widest range of possible protection.
When receiving the draft description, IP LEADER will research, discuss and be at one with the Customer about the content of the search topic, as well as the content of the patent description.
Results will be sent back to the Customer within 3-4 weeks from the date confirming your acceptance of the search topic, or from the date, you pay the search fee, depending on the date which is later.
The description will only be used as an application document when the customer confirms the acceptance that this document accurately represents the content of the technical solution as the customer’s desires.
When the description is completed, IP LEADER may carry out procedures related to applying within 2 working days from the date confirming your acceptance of the content of the description, or from the date, you pay your application fee, depending on the date which is later.
The time for applications that have been accepted validly is 1 month from the date of application submission. The time for substantive examination of the content: the term of protection is 18 months from the date of the application is published, but the actual term may be longer depending on the progress of handling the work at the specialized department of the NOIP.
For customers interested in invention registration consulting services and detailed cost reports, please contact the following information:
Hotline: 076 455 2008
Email: info.ipleader@gmail.com
