Inventions in the Intellectual Property Law

Invention is one of the oldest and important intellectual property. Protection of industrial property rights for inventions will encourage investment in science and technology, socio-economic development. The number of patents that an enterprise owns is one of the important criteria to rank enterprises and thereby assess the development level of each country.

WHAT IS AN INVENTION?

Inventions in the Intellectual Property Law

According to the provisions of Clause 12, Article 4 of the Intellectual Property Law, an invention is a technical solution in the form of a product or process which is intended to solve a defined problem by applying natural laws.

Thus, the invention must first be a technical solution. It cannot be an aesthetic, artistic or economic solution. In addition, these technical solutions must be novel, be of an inventive nature and be susceptible of industrial application.

Examples of inventions in Vietnam

Example 1: Patent “Cyan led”

• Patent Number: 1-0029668-000
• Content: The invention relates to a blue-green LED consisting of: a blue LED chip (1) with a peak wavelength of 440-465 nm fixed on a reflector cup (3) by an adhesive mixture (2), bonded to electrically connected to the positive electrode via the gold microphone wire (4) and the negative electrode through the yellow microphone wire (5), the surface of this LED chip is coated with a mixture of blue-green emitting fluorescent powder (6) with peak wavelength between 480 nm and 500 nm, preferably between 485 nm and 495 nm, evenly dispersed in a two-component silicon composite (7) with the mass ratio of the cyan-emitting fluorescent material to with a total mix volume of 5-20%, preferably in the range of 10-15%, fill the space between the LED chip and the reflector cup to form a blue LED.

Example 2: Invention “Method for the production of flammable oil”

• Patent number: 1-0029605-000
• Content: The invention relates to a method for the production of flammable oil, which includes the addition and mixing step: petroleum-based flammable oil; water can be deoxidized by -300 mV or less, a pH of 9.0 or higher, and a dissolved hydrogen concentration of 0.8 ppm or higher; grease; and activated carbon to obtain the mixture.

Example 3: Invention “Kit for staining cell lipids and method for staining cell lipids with this kit”

• Patent number: 1-0029902-000
• Content: The invention relates to a cell lipid staining kit and a method for staining cell lipids using this kit. Accordingly, by improving the system of fixation solutions and staining solutions based on Sudan Black B solution and Giemsa solution, the kit of the present invention allows direct staining of cell lipids with a single staining step. without the need for an ethanol bleaching step. The useful solution kit allows to significantly shorten the test time with clear results. The value of cell line classification to determine the disease form in accordance with other methods according to FAB criteria is 93.33%.

Distinguishing inventions and utility solutions

3.1. Similarities

First, inventions and utility solutions are technical solutions in the form of products or processes that solve a defined problem by applying natural laws.

Second, to be protected, inventions and utility solutions must be novel and susceptible of industrial application.

3.2. Differences

WHAT IS A PATENT?

Invention patents

An invention patent is a protection title granted by a competent state agency to an invention owner who meets the protection conditions prescribed by law.

Patents are only valid in the territory of the country in which the patent is granted.

List of patents in Vietnam

Organizations and individuals can look up the list of patents granted in Vietnam on the Intellectual Property Official Gazette or at the website of the Intellectual Property Office of Vietnam: www.ipvietnam.gov.vn 

ROLES OF A PATENT

1. Make it easy for patent owners to prove ownership in the event of a dispute.

2. The patent owner has the exclusive right to use the invention for a period of 20 years from the date of filing the patent application. The use of the invention is made through the following acts: Manufacture of the protected product; Apply the protected process; Exploit the use of a protected product or a product manufactured by a protected process; Circulating, advertising, offering, storing for circulation a protected product or a product manufactured by a protected process; Import of a protected product or a product manufactured by a protected process.

3. The owner of a patent has the right to prevent others from using the protected invention, and to request the competent authority to handle infringements. Thereby, giving the Patent Holder an exclusive position in the market.

4. If the owner of a patent does not use the invention himself for production and business purposes, he may transfer the right to use or the ownership of the invention to another organization or individual to get money. In addition, patent owners can also use their inventions to contribute capital to invest with other organizations and individuals..

5. The number of patents of each enterprise is an important criterion for evaluating and ranking enterprises, is a testament to the expertise and capacity of the enterprise, increases the ability to find investors, partners and customers.

HOW TO REGISTER INVENTIONS?

Registration inventions in Vietnam

Patent registration dossiers in Vietnam include:

• 02 Patent registration form;
• 02 Patent description;
• 02 Patent summary;
• Proof of payment of fees if fees are paid via postal service or by transfering to the Intellectual Property Office of Vietnam's account.
• Documents proving the legal right to file a patent application;
• Power of attorney if applying through a representative;
• If in the application there is a request for priority right under an international treaty, the applicant shall provide an additional copy of the first application.

Where can you apply for a patent?

The applicant can submit an application for patent registration directly or by post to the Intellectual Property Office of Vietnam in Hanoi or 02 representative offices of the Intellectual Property Office of Vietnam in Ho Chi Minh City and Da Nang City.

Online patent registration

To register a patent online, the applicant needs to have a digital signature, register an account on the Online Application Receiving System and have an account approved by the Intellectual Property Office of Vietnam for implementation. Procedures for online patent registration are as follows:

Step 1: Log in to the system

To file an online patent application, applicants visit the website: http://dvctt.noip.gov.vn:8888/HomePage.do. Then, applicants proceed to log in to the system with the registered account.

Step 2: Declare the application for patent protection

After successfully logging in, the applicant switches to the tab “Declaration of profile” and declares as required displayed on the screen.

Step 3: Present online submission confirmation form

After completing the declaration and submitting the online application on the system, the system will send the applicant a online submission confirmation form.

Within 01 month from the date of submitting the online application, the applicant must go to the Intellectual Property Office of Vietnam to present the online submission confirmation form, attached documents (if any) and pay fees according to the law.

If the documents are complete, accurate and the applicant fully pays the registration fee as prescribed, the Intellectual Property Office of Vietnam will issue the application number to the declaration on the online application receiving system.

In case there are not enough documents and/or the prescribed fees have not been paid, the application will be refused.

PATENT PROCEDURE

Step 1: Submit patent application

The applicant can submit an patent application directly or by post to the Intellectual Property Office of Vietnam in Hanoi or 02 representative offices of the Intellectual Property Office of Vietnam in Ho Chi Minh City and Da Nang city.

Step 2: Formal examination of applications

Formal examination of applications means checking the compliance with the regulations on the form of the application, from which to draw a conclusion whether the application is considered valid or not. Eligible applications will be reviewed, and invalid applications will be rejected.

The time for formal examination of applications is within 01 month from the date of filing application.

Step 3: Application publication

A validly accepted application will be published in the Industrial Property Official Gazette in the 19th month from the date of priority or filing date if the application does not have a priority date, or within 2 months from the date of acceptance, whichever is later. If there is a request for early publication, it will be published within 02 months from the date the Intellectual Property Office of Vietnam receives the request for early publication or from the date of accepting the valid application, whichever is later.

The published content is the information related to the valid application recorded in the notice of acceptance of the valid application, the invention summary together with the drawings (if any).

Step 4: Substantive examination of applications

The purpose of the substantive examination of application is to assess the patentability of the invention under the protection conditions, and to determine the corresponding scope of protection. The substantive examination of an invention registration application is only carried out at the request of the applicant. The request for substantive examination of application must be made in writing, made according to form 03-YCTD, Appendix B of Circular 01/2007/TT-BKHCN or written in application form.

A request for substantive examination of an invention registration application must be filed within 42 months from the filing date or from the priority date in case the application has the priority date. If no request for substantive examination is submitted within the prescribed time limit, the application will be considered withdrawn at the end of this time limit.

Time for substantive examination of patent applications: No more than 18 months from the date of its publication if a request for substantive examination is filed before the date of publication of the application, or from the date of receipt of a request for substantive examination if such request is filed after the date of publication of the application.

Step 5: Decision to grant or refuse to grant a patent

If the invention meets the protection conditions and the applicant fully and timely pays fees, the Intellectual Property Office of Vietnam shall issue a decision to grant a patent.

If the invention does not meet the protection conditions, the Intellectual Property Office of Vietnam will issue a decision to refuse to grant a patent.

QUESTION AND ANSWER

Question 1: Are inventions protected forever?

Answer: According to the provisions of Clause 2, Article 93 of the Intellectual Property Law, a patent is effective from the date of grant and lasts until the end of 20 years from the date of filing the application. Thus, inventions are not protected forever.

Question 2: When does a patent come into effect?

Answer: According to the provisions of Clause 2, Article 93 of the Intellectual Property Law, a patent is effective from the date of grant.

Question 3: Is a patent an asset or a source of capital?

Answer: Intellectual property rights in general and inventions in particular are intangible assets of enterprises.

Question 4: Which type of property is a patent?

Answer: Patents are one of the intangible fixed assets of enterprises.

Question 5. How much is a patent?

Answer: The value of a Patent will depend on the value of that invention on the market at a certain place, at a certain time, for a certain purpose, according to valuation standards. Valuation is usually performed by organizations with valuation functions.

Question 6. Is it possible to use patents to contribute capital?

Answer: According to the provisions of Clause 1, Article 34 of the Enterprise Law 2020, intellectual property rights are one of the types of assets used to contribute capital to an enterprise. Because inventions are one of the types of intellectual property rights, organizations and individuals have the right to use patents to contribute capital.