Patent copyright is one form of protecting legal rights for new, unique and industrially applicable inventions. This right helps inventors protect their creative ideas from unauthorized copying or infringement by competitors. To obtain this protection, patenting is an important step. In the following article, Long Phan will provide customers with detailed information about the above issues.
Benefits of registering a patent copyright
Benefits of patent copyright protection
Patent protection brings many practical benefits to patent owners. Specifically as follows:
Protection of legal rights: Patent owners have the right to stop infringing acts from third parties without their consent.
Maintain control: The invention will only be used with the owner’s consent or through a license agreement.
Create commercialization opportunities: Patent owners can license or sell the right to use the invention, thereby creating a new source of income.
Enhance brand value: Patents contribute to enhancing reputation and business value, creating a difference in the market.
Competitive advantage: Patents help businesses maintain a competitive advantage in the market through unique products or technologies.
Patent protection conditions
According to the provisions of Article 58 of the Law on Intellectual Property 2005, amended and supplemented in 2022, to receive patent protection, the following three basic conditions must be met:
Novelty: The invention has not been publicly used or described anywhere in the world before the filing of the application.
Have a level of creativity: An invention is not an easy solution that an average person in the industry can come up with.
Capable of industrial application: The invention may be produced or applied in practice, in industry, agriculture, or other fields.
Patent copyright registration procedure
Patent registration procedure
Prepare patent registration documents
The patent registration dossier must contain the following documents:
Invention registration declaration according to the form Model number 01 in Appendix I.
Invention description: Detailed explanation of the invention, uses and implementation method.
Invention drawing (if any): Draw an illustration for the invention.
Documents proving registration rights: If the invention is owned by another organization or individual, a power of attorney is required.
Power of attorney (if necessary): Let the representative carry out procedures on behalf of the invention owner.
CSPL: Articles 100, 101, 102 Law on Intellectual Property 2005, amended and supplemented 2022; Clause 2, 3 Article 14 Circular 23/2023/TT-BKHCN.
Procedure order
The patent registration process includes the following main steps:
Step 1: Submit application:
Applications can be submitted directly to the Intellectual Property Office or online.
Step 2: Appraise the form:
The National Office of Intellectual Property will check whether the dossier is complete and valid.
Evaluation time is 01 month from the date of application if the application is valid.
Step 3: Announce the application:
In the 19th month from the priority date (for applications with priority) or the filing date if the application does not have a priority date.
Within 02 months from the date the National Office of Intellectual Property receives the request for early publication, or from the date the application is validly accepted, whichever is later.
Step 4: Content appraisal:
After the application is valid, a substantive appraisal will be conducted to evaluate the novelty, creativity and industrial applicability of the invention.
Time limit: 18 months from the date of publication of the application if the request for substantive examination is filed before the date of publication, or from the date of receipt of the request for substantive examination if the request is filed after the publication of the application in case the application is valid.
Step 5: Issue and publish diplomas:
Grant of Protection Certificate: Within 15 days from the time the applicant fully pays all fees and charges on time.
Announcement of Decision to grant Protection Certificate: 60 days from the date of decision, published in the Industrial Property Official Gazette.
CSPL: Article 15, Article 16 of Circular 23/2023/TT-BKHCN.
Patent registration fees and charges
Fees and charges that need to be paid include:
Application fee: 150,000 VND (per application).
Priority claim appraisal fee: 600,000 VND (for each application or request).
Patent application publication fee: 120,000 VND (from the second image onwards: 60,000 VND/image).
Information disclosure fee from the 7th description page onwards: 10,000 VND/page.
Evaluation fee: 900,000 VND (for each independent protection claim).
Fee for looking up information for appraisal: 600,000 VND (for each independent protection claim).
International patent classification fee: 100,000 VND for each subgroup.
Fee for granting a Protection Certificate: 120,000 VND (for an independent protection request); For the second independent protection request onwards, the fee is 100,000 VND/request.
Fee for announcing the Decision to grant a Certificate of Protection: 120,000 VND (from the second image onwards: 60,000 VND/image).
Registration fee for Decision to grant Certificate of Protection: 120,000 VND.
CSPL: Schedule of industrial property fees and charges prescribed in Circular 263/2016/TT-BTC (amended and supplemented by Circular 31/2020/TT-BTC and Circular 63/2023/TT-BTC).
Patent copyright registration service at Long Phan
Patent registration support service
To ensure that patent registration goes smoothly and without errors, customers can use the full patent registration support service. These services include:
Consulting on patent protection conditions.
Instructions for preparing and completing registration documents.
Submit application and monitor application processing progress.
Support in resolving problems that arise during the appraisal process.
Instructions on the steps to transfer patent rights to third parties.
Consulting on methods to resolve disputes over patent ownership.
Registering a patent is an important step in protecting inventions and inventors’ rights. In order for your invention to be legally protected and most effective, customers need to complete the registration procedure fully and correctly. Please contact us via hotline 0906735386 for comprehensive patent registration advice and support, helping you protect your invention safely and effectively.
Facebook
Linkedin
Twitter
Pinterest
Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.