Why should businesses register for patent protection?

Register for patent is a legal form of protecting intellectual property rights for inventions and useful solutions. Enterprises that own patents can exploit exclusive commercial rights, prevent illegal copying and enhance brand value. The content of this article by Long Phan will help customers clearly understand the benefits and process of register for patent protection.

What is an invention?

According to the provisions of Vietnam’s Law on Intellectual Property, an invention is understood as a technical solution in the form of a product or process to solve a defined problem by applying natural laws.

An invention is a technical solution created through the research and development process. It could be a new product, process or method that meets a specific need. In addition, inventions are additions and improvements to existing but groundbreaking products based on the application of scientific and technical knowledge. Intellectual property rights protect an invention, ensuring that the inventor has the sole right to use and extract economic value from that invention.

Legal basis: Clause 12, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022

What is a patent?

A patent is a document issued by a competent state agency to an organization or individual to confirm industrial property rights over a registered invention in accordance with the provisions of law.

Inventions are protected in the form of patents or utility solution patents:

• Patents are granted for products or processes that are creative, novel, and capable of industrial application. Protected from the date of issue and lasting until twenty years from the date of application;
• Utility solution patents are granted for products and solutions that are new, have world-class technical level, and are capable of being applied in socio-economic fields. Protection is granted from the date of issue and lasts until the end of ten years from the date of application.

Legal basis: Clause 25, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022

Benefits of register for patent protection for businesses

Invention is one of the important objects of intellectual property rights. Creating an invention is not simple, requiring a significant amount of time, effort and money. Through patent protection registration procedures, businesses can establish intellectual property rights for their inventions and receive recognition and protection from the state. Thanks to that, businesses can exploit and gain benefits from their inventions, specifically:

Protect intellectual property rights and prevent copying

A patent is a legal tool that protects a business’s intellectual property rights. It prevents unauthorized copying and use of registered patents. Enterprises have the exclusive right to exploit the invention during the term of protection.

When granted a patent, an enterprise has the right to prohibit third parties from performing acts such as producing, using, offering for sale, selling, importing protected products or products manufactured according to the patent. protected process without the owner’s permission. This helps businesses protect their research and development investment results, avoiding competitors copying their ideas and appropriating market share.

In addition, patents are also a solid legal basis for businesses to sue and request compensation for damages when detecting acts of intellectual property rights infringement. This not only helps businesses protect their interests but also contributes to creating a healthy business environment and promoting innovation in the economy.

Create competitive advantage in the market

Patent protection creates unique competitive advantages for businesses. Allows exclusive exploitation of patents and prevents competitors from using similar technology. This helps businesses maintain their leading position in technology.

When owning a patent, businesses can confidently bring protected products or processes to the market without worrying about direct competition. This is an opportunity for businesses to dominate market share, build brands and build trust with customers. Protected inventions can also become an industry entry barrier for potential competitors, helping a business maintain a unique position for a certain period of time.

In addition, owning protected inventions also contributes to enhancing the reputation and image of the business, demonstrating innovation capacity and technological potential. This not only creates a good impression on customers but can also open up opportunities for cooperation and joint ventures with domestic and foreign partners. From there, helping businesses expand their markets and develop their business.

Attract investments and strategic partners

Protected inventions are valuable intangible assets of a business. Attract the attention of potential investors and partners. A strong patent portfolio demonstrates innovation capacity and growth potential.

Investors and strategic partners often appreciate businesses with protected intellectual property, especially inventions. This shows that inventions not only demonstrate a business’s research and development capacity but are also a guarantee of its ability to generate profits in the future. A diverse and well-protected patent portfolio can increase the value of a business in mergers and acquisitions or when raising capital.

Furthermore, protected inventions can open up opportunities for cooperation and joint ventures with domestic and foreign partners. Through technology transfer and patent licensing, businesses can create additional sources of income, expand business networks and penetrate new markets. This is an effective strategy for businesses to grow and develop sustainably in the context of increasingly fierce global competition.

Increase brand value and business reputation

Owning a protected invention helps enhance corporate brand value, demonstrating innovation capacity and technological position. This is an important criterion that helps customers and partners appreciate the business.

Patents are evidence of a business’s research, development and innovation capabilities. This not only creates a good impression on customers but also enhances the position of the business in the industry. When a business is known as the owner of many valuable inventions, it is considered a technology leader, thereby enhancing the reputation and appeal of the brand.

Thus, owning a protected business patent brings many positive values ​​to businesses. This is especially important in the context of international integration, when the issue of intellectual property rights protection is increasingly emphasized. Enterprises with strong patent portfolios will have an easier time building relationships with foreign partners, expanding export markets and participating in the global value chain.

Conditions for patent registration

Exclusive ownership of an invention is only established according to registration procedures and the scope of protection is determined in the patent. The registration must meet the conditions specifically stipulated in the Intellectual Property Law, including: Novelty, inventive step and industrial applicability.

Novelty is the first and most important condition for recognizing an invention.

An invention is considered new if it has not been publicly disclosed in the form of use, written description or any other form domestically or abroad before the date of filing the patent application or before priority date in case the patent application enjoys priority.

This requires businesses to keep their invention a secret until filing for protection.

1. Inventive level is the second condition that an invention needs to meet. An invention is considered to have an inventive step if it is based on technical solutions that have been publicly disclosed in the form of use, written description or in any other form at home or abroad. Other than before the filing date or before the priority date of the patent application in the case of a patent application that enjoys priority, the invention is an innovative step that cannot be created easily for people with average knowledge of the corresponding technical field. This is to ensure that the invention is truly a significant advance in the technical field, not a simple or obvious improvement.
2. Industrial applicability is the third condition that the invention must satisfy. This means that the invention can be made, mass-produced, or used in any industry. The invention must be feasible and can be implemented repeatedly with stable results. This condition is to ensure that the invention is not just an abstract idea but can be practically applied in production and business.

Thus, when registering for patent protection, businesses must ensure the conditions for inventions according to the Law. This is one of the steps that need to be followed when businesses carry out the patent protection registration process.

Legal basis: Article 58, Article 60, Article 61, Article 62 the Law on Intellectual Property 2005 amended and supplemented 2009, 2019, 2022

Patent registration process

Patent registration is an administrative procedure carried out to establish a business’s ownership of an invention through the Intellectual Property Office. This process starts from preparing documents and ends when the owner is granted a patent or utility solution patent, including the following steps:

1. Step 1: Enterprise prepares register for patent documents according to legal regulations. Preparing documents requires thoroughness and high expertise, because it will directly affect the scope of protection of the invention later.
2. Step 2: After completing the documents, the enterprise submits an application for patent registration at the Vietnam Intellectual Property Office. Applications will be reviewed for appearance to ensure they meet basic requirements. If the application is valid, the National Office of Intellectual Property will publish the application in the Industrial Property Official Gazette.
3. Step 3: Appraisal of the form of the invention is the process by which the National Office of Intellectual Property checks the owner’s compliance with regulations on the form of the patent application. From there, draw conclusions about the validity of the dossier.

• If the enterprise’s registration application meets the conditions, the National Office of Intellectual Property will send a notice accepting the valid application and publish the application.
• If the enterprise’s registration application is invalid, the National Office of Intellectual Property will issue a notice requesting amendments. Enterprises make amendments as required and submit amendment documents to the National Office of Intellectual Property.

1. Step 4: Publish the patent application in Vietnam. After the application meets the requirements, the enterprise needs to announce the application as soon as possible within 2 months from the date of notification of validity by the Intellectual Property Office. The published content is information related to the valid application recorded in the notice of acceptance of the valid application, the invention summary and drawings (if any).
2. Step 5. Appraisal of patent content in Vietnam. This is the step to evaluate the protectability of the mentioned technical solutions based on the patent protection conditions. At the same time, this process evaluates each point stated in the scope of the claim.

• The National Office of Intellectual Property reviews the conditions for patent registration and then evaluates the possibility of granting a patent for the invention that the enterprise registers. If the patent application meets the conditions, the National Office of Intellectual Property will issue a notice of intention to grant a patent for the invention that the enterprise has registered.
• If the patent application does not meet the conditions, the National Office of Intellectual Property will issue a notice not to grant a patent for the invention that the enterprise registered.

1. Step 6: Grant patent protection certificate in Vietnam. If the invention meets the protection conditions, the National Office of Intellectual Property will issue a decision to grant a patent protection certificate. Enterprises are obliged to pay fees according to regulations. Once granted, the patent will be recorded in the National Register of Industrial Property. A patent takes effect from the date of issue and lasts 20 years from the date of filing.

To establish legal ownership of an invention, businesses must ensure compliance with the register for patent protection process according to the Law. The result of the registration process is recognition and protection by the state, so that businesses can exploit and gain benefits from their inventions.

Legal basis: Section 2, Section 3 the Law on Intellectual Property 2005, amended and supplemented 2009, 2019, 2022

Consulting services for register for patent

Patent protection registration consulting services support businesses during the registration process. This service helps optimize the scope of protection and increase success rates. At Long Phan, we provide comprehensive register for patent consulting services for businesses, including:

• Search for inventions to assess novelty and inventive step;
• Preliminary examination of the invention, including checking information related to the existing invention and assessing the possibility of being granted a patent;
• Support in drafting necessary documents for registration dossiers, including detailed descriptions of inventions, protection claims and related supporting documents;
• Consulting on filing patent applications at the authorities;
• Monitor the patent application appraisal process, including handling additional or modification requests from authorities;
• After the invention is accepted and granted a patent, consulting services will support businesses in receiving and storing this patent;
• Consulting businesses on patent protection and development strategies

Register for patent protection is a strategic step for businesses. This intellectual property right helps protect inventions, increase competitive advantage and brand value. The registration process requires legal expertise to ensure successful appraisal. Long Phan provides register for patent comprehensive consulting services, from preparing documents to receiving patents. Please contact us via Hotline: 0906735386 to protect your creativity and business secrets.