Patent application: Application form and detailed instructions

The patent application is an important document to request industrial property rights for the author’s invention. For the patent registration process to go smoothly, you need to master the relevant legal procedures and regulations and prepare complete documents according to the prescribed form. The article below will provide detailed information about the subject with the right to register a patent, protection conditions, patent application form, notes when drafting the application form, and registration support services. Invented at Long Phan.

The subject has the right to apply for a patent

According to Article 86 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), organizations and individuals with the right to register inventions include:

• The author creates the invention with his own efforts and expenses.
• Organizations and individuals invest funds and material facilities for authors.
• In cases where many organizations or individuals jointly create an invention, they all have the right to register it if agreed by all parties.

This helps protect the rights of those who contribute to the invention, even if they are not the main authors.

Protection conditions for patents

According to Article 58 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), an invention that wants to be protected must meet the following conditions:

• Newness: The invention does not yet exist in the world and was not made public before the filing date.
• Have a level of creativity: The invention must be innovative compared to existing technical solutions.
• Capable of industrial application: The invention must have practical application, can be applied in production or industry.

Subjects that cannot be patented are specified in Article 59 of the Law on Intellectual Property 2005, including scientific theoretical inventions, mathematical methods, solutions that are purely aesthetic, plant and animal varieties, or a method of treating human diseases.

Instructions for drafting a standard patent application form

According to Article 102 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the patent registration application form must meet the following basic requirements:

• Invention description: Need to clarify the nature of the invention, explain the drawings and scope of patent protection. The invention description must be clear enough so that someone with technical knowledge can implement the invention.
• Invention summary: Presents the main content of the invention, including important features of the invention.
• Patent registration declaration form: According to Appendix 1 of Decree 65/2023/ND-CP, the invention registration declaration form must comply with regulations and include all necessary information.

You need to pay attention when filling out information in the patent application form to ensure the validity of the application and avoid the application being returned or requiring amendments.

Reference: Patent registration application form

Notes when drafting a patent application form

When drafting a patent application, you should note some important points as follows:

Ensure completeness of records:

• The application form must have all required documents, including a description of the invention, an abstract of the invention, drawings (if necessary), and documents proving the applicant’s legal rights.
• Must provide accurate information about the invention, author, and related rights.

Comply with requirements on invention description content:

• The invention description needs to be clear and detailed about the nature of the invention, how it works and how it is applied.
• Make sure that the description is so complete and clear that a person skilled in the art can make an invention based on the description.

Demonstrate novelty, innovation and industrial applicability:

• The invention description needs to clarify factors such as novelty, inventive step, and practical applicability of the invention in production and industry.
• Must point out the difference between your invention and inventions already on the market or in previous public documents.

Invention abstract:

• The invention summary must be brief but complete, highlighting the main features of the invention that you register for protection.
• The abstract must be easy to understand and clarify the purpose of the invention, as well as the main applications.

Pay attention to legal requirements:

• Ensure that documents and application forms comply with current legal regulations on inventions, especially requirements on protection conditions.
• Must ensure that the registration dossier does not fall into subjects that are not protected according to the provisions of Article 59 of the Law on Intellectual Property 2005 (amended and supplemented in 2022).

Make sure the form format is correct:

• Use the correct patent registration declaration form specified in Appendix 1 of Decree 65/2023/ND-CP.
• Each item in the application form must be filled out accurately and clearly, avoiding errors or missing information.

Signing and submitting form:

• The application form must be signed by the applicant or legal representative (if applicable).
• Make sure documents are fully signed before sending them to the competent authority.

Determine the subject matter of the invention and the scope of protection:

• Clearly describe the scope of protection of the invention, that is, clearly indicate the technical signs that determine the scope of rights to the invention.
• The scope of protection must match the description and illustrations of the invention.

These requirements help ensure that the patent application meets legal requirements, avoiding risks and problems that arise during the appraisal process.

Consulting, drafting and patent application support services

To ensure the patent registration process takes place quickly and accurately, you can seek consulting and support services from Long Phan. We provide comprehensive consulting services including:

• Consulting on rights related to inventions, protection conditions and patent registration procedures.
• Answer questions about the novelty, creativity and industrial applicability of the invention.
• Consulting on determining the subject matter of the invention and the scope of patent protection.
• Draft a complete and accurate patent application form according to the provisions of law.
• Representing you to apply for patent registration at the competent authority.
• Handle procedures related to filing patent applications and monitoring the appraisal process.
• Consulting on procedures for extending and maintaining the validity of patents after being granted.
• Advise and represent you in resolving disputes related to patent ownership.
• Consulting on procedures for transferring patent ownership between organizations and individuals.
• Guide businesses and individuals on how to apply and protect patent ownership in business activities.

To ensure the patent registration and renewal process goes smoothly, you need to prepare complete documents and comply with legal regulations. If you encounter any difficulties in drafting the registration application or related procedures, you can contact Long Phan’s consulting service. Please call the hotline 0906735386 immediately for quick and accurate support.