Protection conditions for inventions that businesses need to know

Protection conditions for inventions are a factor that businesses need to meet in order for an invention to be protected. Understanding these criteria not only helps businesses optimize their innovation strategy, but also strengthens their competitive position in the market, contributing to improving reputation and business efficiency. Through the following article, Long Phan will help you learn about the protection conditions for inventions that businesses need to know.

What is an invention? What is a patent?

Pursuant to Clause 12, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), it is stipulated as follows:

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. A patent is a type of protection title issued by a competent state agency, and is the only state certificate certifying the industrial property rights of the subject granted the title – the author of the invention.

Protection conditions for inventions

Has Newness

Pursuant to Clauses 1 and 2, Article 60 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), an invention is considered new if it does not fall into one of the following cases:

• Being publicly disclosed in the form of use, written description or any other form domestically or abroad before the filing date of a patent application or before the priority date in the case of a patent application mechanism to enjoy priority rights;
• Disclosed in another patent application that has an earlier filing or priority date but is published on or after the filing or priority date of that patent application.

An invention is considered to have not been publicly disclosed if only a limited number of people are aware of it and are obligated to keep it secret.

An invention is not considered to have lost its novelty if it is publicly disclosed by the person who has the right to register as prescribed in Article 86 of this Law or the person who has obtained information about the invention directly or indirectly from that person, under the conditions that Patent applications are filed in Vietnam within twelve months from the date of disclosure.

Have Creativity

Pursuant to Article 61 of the Law on Intellectual Property 2005 (amended and supplemented in 2019), 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 described in writing or in any other form domestically or abroad. These grounds are considered before the filing date or before the priority date of the patent application in case the patent application enjoys priority rights. Or the invention is an innovative step that cannot be easily created by someone with average knowledge of the relevant technical field.

Capable of industrial application

Pursuant to Article 62 of the Law on Intellectual Property 2005, an invention is considered capable of industrial application if it can be manufactured, mass-produced products or applied repeatedly to the content of the invention and obtain stable results.

Regulations on subjects that cannot be protected as inventions

According to the provisions of Article 59 of the Law on Intellectual Property 2005, objects that are not protected as inventions include:

• Inventions, scientific theories, mathematical methods;
• Schemes, plans, rules and methods for performing mental activities, training pets, conducting games, doing business; and computer programs;
• How to present information;
• The solution has only aesthetic properties;
• Plant varieties, animal varieties;
• Plant and animal production processes are mainly biological in nature and not microbiological processes;
• Methods of prevention, diagnosis and treatment of diseases in humans and animals.

Validity of patent protection certificate

Pursuant to Clause 2, Article 93 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), a patent takes effect from the date of grant and lasts until twenty years from the date of filing.

Consulting services on protection conditions for inventions for businesses

Inventions are important intellectual assets, helping businesses increase their competitive advantage and protect exclusive ownership rights to new ideas and technologies. However, in order to be granted a Certificate of Patent Ownership, businesses need to clearly understand the protection conditions for inventions according to the law.

Long Phan’s consulting service on protection conditions for inventions will help businesses identify important factors, thereby supporting the registration process and protecting their legal rights. We provide detailed consulting services on:

• Analyze the creative elements, novelty and industrial applicability of the invention in your product
• Consulting on registration documents: Instructions on preparing documents and related procedures to ensure that patent ownership rights are effectively protected.
• Consulting on patent protection strategies: Develop plans to protect and develop inventions, including registering patents in other countries if there is a need to expand the market.
• Invention exploitation consulting: Supporting businesses in exploiting the value of inventions through the transfer of ownership, production cooperation or commercialization of inventions.
• Support businesses in resolving disputes during the patent protection registration process: Representing businesses in disputes related to patent rights.

We provide professional, transparent and dedicated advice, helping businesses protect their unique inventions and optimize business benefits. If you need detailed advice, please contact us via hotline: 0906735386.