Procedures for registration of patent protection for utility solutions

Registering to protect a patent for a utility solution is not only the key to protecting creative ideas, but also helps inventors assert their rights in a competitive market. The procedure for registering patent protection for useful solutions creates conditions for individuals and organizations to protect their intellectual property, thereby encouraging innovation and development. This article will analyze in detail the aspects of registering for patent protection of useful solutions in Vietnam.

Benefits of registering for patent protection of useful solutions

Registering to protect a useful solution brings many practical benefits to the owner. This brings many benefits, including:

• Exclusive right to commercial exploitation: Registering to protect a utility solution creates exclusive rights to commercial exploitation for the owner. This allows businesses to manufacture, use, sell and offer for sale protected products for a period of 10 years. This exclusive right helps businesses make the most of the economic value from their solution.
• Preventing infringement: Utility solution patents provide a solid legal basis to prevent infringement by competitors. The owner has the right to request competent authorities to handle illegal uses of protected solutions. This protects the economic interests and reputation of the business in the market.
• Building reputation and brand: Owning patents for useful solutions contributes to building reputation and brand for businesses. It demonstrates the company’s creative and innovative capacity, making a good impression on customers, partners and investors. A strong intellectual property portfolio is also an important factor when assessing business value.
• Create competitive advantage: Protect useful solutions that create significant competitive advantages in the market. Businesses can focus on investing in product development without worrying about unauthorized copying. This allows the company to maintain its technological leadership, while creating barriers to entry for competitors.

Procedures for registering patent protection for utility solutions in the form of inventions

Profile components

Applications for registration of protection of utility solutions in the form of inventions need to be fully prepared in accordance with the provisions of the Law on Intellectual Property 2005, amended and supplemented in 2009 and 2022. Required documents include:

• Registration declaration;
• Description of utility solution (The description of the invention must meet the following conditions: Fully and clearly disclose the nature of the invention to the extent that a person with average knowledge of the technical field can rely on it. Corresponding technique that can realize that invention. Briefly explain the accompanying drawing, if necessary, clarify the nature of the invention. Clarify the novelty, level of invention and industrial applicability of the invention mechanism.)
• Highlights and differences of the solution.
• Information from the solution author is useful.
• Abstract, and claims.

The registration declaration must clearly state information about the applicant, the author of the utility solution, and the claim for priority rights (if any). A description of a useful solution must detail the technical nature of the solution, accompanied by illustrations if necessary. Protection claims define the scope of industrial property rights sought to be protected.

In addition, the application needs to be accompanied by other documents such as: power of attorney (if applying through a representative), documents confirming legal registration rights (if the applicant enjoys rights from another person), and documents proving priority rights (if there is a claim for priority rights). Preparing complete and accurate documents will help the appraisal process go smoothly.

Reference content: Article 102 Law on Intellectual Property 2005, amended and supplemented 2009, 2022.

Execution order

The procedure for registering a utility solution is specified in the following steps:

Step 1: Receive application
Organizations and individuals submit 01 set of patent registration documents to the National Office of Intellectual Property.

Step 2: Appraise the form
The Department checks the validity of the application within 1 month. If valid, an acceptance notification will be sent; If not, there will be a notice of reason and a 2-month period for repair.

Step 3: Announce the application
The application is published in the nineteenth month from the date of submission, or in 02 months if early publication is requested.

Step 4: Content appraisal
Appraisals only take place upon written request. Evaluate the novelty, creativity and applicability of the subject matter in the application.

Step 5: Make a decision to grant/refuse the diploma
If the protection conditions are met, the Department will issue a certificate after paying the fee. If not, a notice of reason for refusal will be sent, with a deadline for correction.

Step 6: Announce and register the diploma
The decision to grant the degree will be announced within 60 days and recorded in the National Register. Confidentiality protection certificates are not published.

Registration fee

Registering for utility solution protection incurs many different fees. According to current regulations, the main fees include: application filing fee, application publication fee, content appraisal fee, and protection certificate issuance fee.

The filing fee applies to each independent claim, at 180,000 VND for paper documents and 150,000 VND for electronic documents. If the description exceeds 5 pages, an additional 12,000 VND/page must be paid from the 6th page. The application publication fee is 120,000 VND, plus 60,000 VND for each drawing from the second picture onwards.

The content appraisal fee includes a search fee (120,000 VND/independent point) and an appraisal fee (420,000 VND/object). When a protection certificate is granted, the applicant needs to pay the registration fee (120,000 VND/independent point, an additional 100,000 VND for each point from the second point) and the patent publication fee (120,000 VND, plus 60,000 VND for each figure drawn from the second figure).

In addition, to maintain the validity of a utility solution patent, the owner needs to pay an annual maintenance fee. This fee increases gradually over the duration of protection. Understanding the fees helps businesses make appropriate financial plans when registering for utility solution protection.

Reference content: Table of industrial property fees and charges, Circular No. 263/2015/TT-BTC.

Consulting services and support for registration of patent protection for useful solutions

Registering to protect a utility solution patent is a complex process, requiring professional knowledge of intellectual property. Professional consulting services help businesses optimize the registration process, improve success rates and save time and costs. Long Phan with a team of experts with many years of experience in consulting on intellectual property, we are committed to providing customers with the most professional and effective consulting and support services.

Services provided by Long Phan include:

• Evaluate the ability to protect: Evaluate the ability to protect a useful solution, helping customers determine the rate to be granted a patent.
• Patent information lookup: perform patent information lookup, ensuring no duplication with solutions and granted inventions.
• Drafting registration documents: Support in drafting application documents, ensuring complete and accurate content according to legal requirements of the Intellectual Property Office.
• Submit documents, fees, and registration fees on behalf of customers.
• Monitor the appraisal process: During the appraisal process, monitor and update the application status, and respond to notices from the Intellectual Property Office.
• Advise on solutions when risks arise during the application registration and appraisal process.
• Receive and deliver results directly to customers.

Registering a patent for a useful solution is an important step in protecting intellectual property and creating a competitive advantage for businesses. The registration process requires careful preparation and understanding of intellectual property law. For detailed advice and support during the utility solution registration process, please contact Long Phan via Hotline: 0906735386 for dedicated and professional support.