Utility solutions are one of the intellectual assets of great value to businesses. However, not all businesses have mastered the provisions of the law to register for protection of utility solutions in a timely manner and protect their legitimate rights and interests. To help customers understand the regulations and procedures for registration of utility solution protection, Ngoc Phu Law Firm provides the following basic information about useful solutions
What is a utility solution?
A utility solution means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.
Examples of utility solutions:
Example 1: Utility solution “Herbal energy drink containing the whole extract of small leaf clover (Polyscias fruticosa (L). Harms)”
- Patent no: 2-0002718-000
- Content: The utility solution refers to an herbal energy drink containing a whole extract of the small leaf clover, a solution of a sweetener and water. The solution of sweeteners in herbal energy drinks is the extract of stevia or sucrose solution.
Example 2: Utility solution “A device to filter active harmonics on the power grid”
- Patent no: 2-0002715-000
- Content: The utility solution refers to active harmonic filtering equipment on the grid to improve the quality of parallel power for the grid, serve motor assemblies with modern configuration and functions, be suitable for need of use, size and economic conditions in Vietnam.
How to write a utility solution application?
In the utility solution registration application, the two most important technical documents are the utility solution description and the utility solution abstract.
The utility solution description consists of 2 parts: Description and scope of protection.
- The description section must completely disclose the nature of the technical solution sought to be registered. It must contain sufficient information based on which any person with average skill in the art can deduce the solution. It must clarify the novelty and susceptibility of industrial application of the technical solution. The description section must contain the following: Title of the utility solution, use field, technical state, purpose, technical nature, brief description of accompanied drawings, detailed description of utility solution realization variations, examples of utility solution realization, benefits (effects) expected to be achieved.
- The protection coverage (claim) shall be used to determine the scope of industrial property rights to utility solutions. The protection coverage (claim) must be presented briefly and clearly in conformity with the description and drawings, making clear signs of novelty of the object sought to be protected.
A utility solution abstract is used to concisely describe (with no more than 150 words) the nature of the utility solution. The abstract must disclose principal details of the nature of the technical solution for the informatory purpose. The abstract may contain typical drawings or formulas. All drawings, formulas (if any) are presented in only half of the A4 page and must be clearly visible.
Right to register a utility solution
According to the provisions of Article 86 of the Intellectual Property Law, the following organizations and individuals have the right to register utility solutions:
- Authors who have created industrial designs by their own labour and at their own expense;
- Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, unless there is other agreement between parties.
Where a number of organizations and individuals have jointly created or invested in the creation of a industrial design such organizations and individuals shall all have the registration right which may only be exercised with the consensus of all.
A person who has the registration right as stipulated in this article may assign such right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, even where a registration application has already been filed.
The owner of utility solution patent has the following rights:
- To use or authorize others to use utility solution: Manufacturing the protected product, applying the protected process, exploiting utilities, circulating, advertising, offering, stocking for circulation, importing the protected product or the product manufactured under the protected process.
- To prevent others from using utility solution;
- To dispose of utility solution.
According to the provisions of Article 59 of the Law on Intellectual Property, The following objects shall be ineligible for protection as utility solutions:
1. Scientific discoveries or theories, mathematical methods.
2. Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.
3. Presentations of information.
4. Solutions of aesthetic characteristics only.
5. Plant varieties, animal breeds.
6. Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.
7. Human and animal disease prevention methods, diagnostic and treatment methods.
Conditions for protection of utility solution
A utility solution will be protected when it satisfies the following conditions:
- It is not common knowledge.
- It is novel. A utility solution shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the utility solution registration application. A utility solution shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.
- It is susceptible of industrial application. A utility solution shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the utility solution, and to achieve stable results.
Term of protection
A utility solution patent shall be valid from the grant date until the end of ten (10) years after the filing date.
What is a utility solution patent?
A utility solution patent is a document granted by a competent state agency to an organization or individual in order to establish industrial property rights to a utility solution.
Exclusive registration of utility solution
Exclusive registration of a utility solution means that an organization or individual that is the owner of a utility solution submits an application for registration of a utility solution at a competent state agency in order to be granted a utility solution patent.
Why is it necessary to register a utility solution patent?
- A utility solution patent is the basis for proving the owner's right to a utility solution, helping the utility solution owner to easily prove ownership when dispute occurs.
- The utility solution patent holder has the exclusive right to use the utility solution for a period of 10 years from the date of filing the utility solution registration application, has the right to prohibit others from using and request authorities to handle violations.
- If the utility solution patent owner does not use the utility solution by himself for production and business purposes, he or she may transfer the right to use or transfer the ownership of the utility solution to other organizations and individuals to bring in revenue for the owner. In addition, utility solution patent holders can also use utility solutions to contribute investment capital with other organizations and individuals.
- The utility solution patents are an ascertainment to the capacity of the business, increasing the reputation of the business to investors, partners and customers.
Process for registration of a utility solution
The registration of utility solution is done according to the following steps:
- Step 1: Look up the possibility of protection registration
- Step 2: Drafting application for registration.
- Step 3: Submit registration form.
- Step 4: The Intellectual Property Office appraises the application for registration.
- Step 5: The Intellectual Property Office grants a utility solution patent.
Dossier for registration of a utility solution
Dossier for registration of a utility solution consists of the following documents:
- 02 Registration forms;
- 02 Utility solution description;
- 02 Utility solution abstract;
- Power of attorney (if applying through an industrial property representative company);
- Documents proving the right to register (if the applicant receives that right from someone else);
- Documents proving priority right (if there is a claim for priority right);
- Proof of payment of fees (if sending registration documents by post).
Time for registration of a utility solution
The utility solution registration application, after being submitted to the Intellectual Property Office, will go through the following stages:
- Formal examination: 01 month, from the filing date.
- Publication of application: In the 19th month from the filing date or at an earlier time at the request of the applicant.
- Substantive examination: 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).
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