Patent registration: Detailed instructions on procedures

Patent registration is a way to protect intellectual property rights for your inventions and technical innovations. At the same time, patent registration helps ensure legal rights, prevent infringement and create a solid basis for commercial exploitation of products.  In the article below, we will provide specific information about the procedure for patent registration.

Subject matter protected by patent

An invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws. Patents will be granted for products or processes that are new, innovative and capable of industrial application; according to the provisions of Clause 1, Article 58 of the Law on Intellectual Property 2005. In addition, subjects protected by patents do not fall into the cases specified in Article 59 of this Law.

Conditions for patent protection

Conditions for exclusive patent protection are specified in Clause 1, Article 58 of the Law on Intellectual Property 2005, an invention must meet the following three requirements to be granted a patent:

• There is newness
• Have a creative level
• Capable of industrial application.

The above three requirements are specified in detail from Article 60 to Article 62 of the Law on Intellectual Property 2005 (amended and supplemented in 2019).

Patent registration procedures

Documents need to be prepared

Patent protection registration dossier includes:

• Patent registration declaration:

The invention registration declaration must be completely filled out according to Form No. 01 in Appendix I of Decree 65/2023/ND-CP.

• Invention description and request for patent protection: Provide 01 copy of the invention description, including drawings (if any), and request for protection of patent ownership;
• Invention summary: Provide 01 invention summary, clearly stating the main points of the invention;
• Documents proving registration rights (if any).

If the applicant benefits from another person’s patent registration rights, it is necessary to provide documents proving the registration rights.

• Documents proving priority rights (if any);
• Documents explaining the origin of genetic resources or traditional knowledge about genetic resources (if any);
• Power of attorney (if applying through a representative);
• Copy of fee and fee payment voucher: Provide a copy of fee and fee payment voucher, if paying fee via postal service or directly to the Intellectual Property Department’s account.

For confidential invention registration applications: In addition to the above documents, a document certifying that the subject matter registered in the application is a state secret also needs to be submitted, according to the provisions of law on protection of state secrets.

Legal basis: Section I.1.c Part II Newly promulgated/abolished administrative procedures in the field of intellectual property within the scope of management functions of the Ministry of Science and Technology issued together with the Decision Decree No. 3038/QD-BKHCN.

Implementation process

Pursuant to Section I.1.a Part II Newly promulgated/abolished administrative procedures in the field of intellectual property within the scope of management functions of the Ministry of Science and Technology issued together with Decision No. 3038/QD-BKHCN, steps for patent registration include:

Step 1: Submit application

The applicant sends 01 set of patent registration documents to the National Office of Intellectual Property through one of the following forms:

• Online through the Information System for handling administrative procedures of the Ministry of Science and Technology;
• Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang;
• Confidential patent registration applications must be submitted in paper form to the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.

Step 2: Appraisal of application form

The Intellectual Property Office will examine the form of the patent application within 1 month. If the application is valid, it will be accepted. If it is invalid, it will be notified to correct it within 2 months. If it is not corrected or the correction is not satisfactory, the application will be rejected.

Step 3: Announcement of application

• The patent application is published in the nineteenth month from the priority date or filing date, if the application does not have a priority date;
• Invention registration applications requiring early publication shall be published within 02 months from the date the National Office of Intellectual Property receives the request for early publication or from the date of acceptance of the valid application, whichever is later;
• Confidential patent applications are not published in the Industrial Property Official Gazette.

Step 4: Appraisal of application content

• Conducted when there is a request to appraise the content of a patent application;
• Evaluate the compatibility of the subject matter stated in the application with the type of protection title requested to be granted;
• Evaluate the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection;
• Check out the first-to-file rule.

Step 5: Make a decision to grant/refuse to grant a protection title

• The Intellectual Property Office will check the patent content. If successful, pay fees and charges within 3 months from the date of notice of payment of fees and charges. If not, there will be 3 months from the date of notification to correct the application for the applicant to amend the application. If it is not corrected or the correction is unsuccessful, the application will be rejected.
• Grant of protection certificate: 15 days from the date of full and timely payment of fees and charges.

Step 6: Announce and register the decision to grant a protection title

• The decision to grant an invention/utility solution patent is published by the National Office of Intellectual Property in the Industrial Property Official Gazette within 60 days from the date of decision and recorded in the National Register of Industrial Property. industrial property according to regulations;
• Confidential patent protection titles are not published in the Industrial Property Official Gazette.

What actions are considered to infringe intellectual property rights regarding inventions?

Pursuant to Article 126 of the Law on Intellectual Property 2005, the following acts will be considered infringements of intellectual property rights to inventions:

• Use of protected inventions did not differ significantly;
• Using an invention without paying compensation under provisional rights provisions.

Full package patent registration service at Long Phan

Long Phan provides a comprehensive patent registration service, helping you save time and effort throughout this process. The full patent registration service at Long Phan will include:

• Consulting and determining the feasibility of inventions;
• Search patent information to ensure novelty;
• Drafting and preparing patent registration documents;
• Instructions on the patent registration process;
• Representing customers to carry out patent registration procedures;
• Answer and guide to resolve problems during the patent registration process.

Patent registration is a process to protect the rights of authors and develop creative ideas. Do you want to know more details about patent registration procedures? Let Long Phan accompany you on your journey to protect your creativity and rights. For any questions and requests about patent registration services, please contact us via the hotline: 090673538. We are always ready to support and provide optimal solutions for you!