What is an invention? Classification of inventions & protection conditions

What is an invention? This is important intellectual property, reflecting a new technical solution to solve a specific problem in practice. Understanding the types of patents and protection conditions helps individuals and businesses protect intellectual property rights, prevent copying and exploit commercial value effectively. Successful patent registration not only creates a competitive advantage but also helps attract investment and sustainable development.

What is an invention?

Clause 12, Article 4 of the Law on Intellectual Property 2005, supplemented in 2022, stipulates that an invention is a technical solution in the form of a product or process to solve a defined problem by applying natural laws.

A confidential invention is an invention that is determined by a competent agency or organization to be a state secret according to the provisions of law on protection of state secrets.

A technical solution is a necessary and sufficient set of information about technical methods and/or technical means (application of natural laws) to solve a defined task (problem).

Patent classification

Inventions are classified by the National Office of Intellectual Property as:

1. Product type invention:

A product is an artificial object that functions (uses) as a means to meet certain human needs, in one of the following three forms:

• Objects, for example tools, machines, equipment, components, electrical circuits…, are characterized by technical structural signs (characteristics); or
• Substances (including single substances, compounds and mixtures of substances), for example materials, substances, foods, pharmaceuticals…, are characterized by technical signs (characteristics) about the presence, proportion and state of the elements; or
• Biological materials, such as genes, genetically modified plants/animals…, are characterized by genetic information altered under human influence, capable of self-regeneration.

2. Process invention:

A process is a way of carrying out a process or a specific job to achieve a certain purpose, for example a technological process; methods of diagnosis, prediction, inspection, treatment…), characterized by signs (characteristics) of sequences, conditions, participants, measures, and means of performing operations.

Detailed patent protection conditions

General conditions

General conditions for protected inventions are specified in Article 58 of the Law on Intellectual Property 2005 as follows:

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

• Conditions for a technical solution to be granted a patent: the technical solution must be new, creative and capable of industrial application and not fall into the categories of non-registration.
• Conditions for a technical solution to be granted a Utility Solution Patent: the technical solution must be new, non-obvious and capable of industrial application and not subject to non-registration cases.

Condition of novelty

The novelty of an invention is regulated in Article 60 of the Law on Intellectual Property 2005, amended in 2022; Clause 2, Article 2 of the Law Amendments to some articles of Law on Insurance Business and Law on Intellectual Property 2019, specifically as follows:

An invention is considered new if it does not fall into one of the following cases:

• Be publicly disclosed in the form of use, written description or any other form at home or abroad before the filing date of the patent application or before the priority date in case the patent application enjoys 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 a person who has the right to register according to law or a person who has obtained information about the invention directly or indirectly from that person, provided that the patent application is filed in Vietnam within twelve months from the date of disclosure.

The condition of novelty is one of the prerequisites to serve as a basis for an invention to be protected.

The invention must have an inventive step or must not be common knowledge

To be granted a patent, a technical solution must have an innovative level, specifically understood as follows:

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 domestically or abroad before the filing date or before the priority date of the patent application.

In the case of a patent application that enjoys priority rights, the invention is an innovative step that cannot be easily created by a person with average knowledge of the relevant field based on technical solutions that have been publicly disclosed before in the form of use, written description or any other form at home or abroad.

Besides, the technical solution registered for protection must not be common knowledge.

Pursuant to: Article 61 of the Law on Intellectual Property 2005, amended in 2019.

The invention must be capable of industrial application

The invention must be a technical solution that can be applied industrially, specifically:

• For product-type inventions, it is possible to create and mass-produce identical products;
• For process inventions, it can be applied repeatedly and obtain the same results.

Technical solutions are not capable of industrial application if they go against the basic principles of science; or contain internal contradictions; or elements and components that have no technical relationship with each other or cannot be related (coupled, bound, dependent…) with each other; or lack of instructions to implement the solution.

Basis: Article 62 of the Law on Intellectual Property 2005.

Objects that are not patentable

Pursuant to the provisions of Article 59 of the Law on Intellectual Property 2005, objects that are not protected by patents include objects that are not inventions and inventions that are excluded from registration, specifically:

1. Objects other than inventions:

• Ideas or intentions or problems are raised without ways and means to solve the problem;
• The problem set to be solved is not a technical problem and cannot be solved by technical means;
• Non-technical solutions: Diagrams, plans, rules and methods for performing mental activities, training pets, conducting games, doing business; Computer programs; How to present information; The solution has only aesthetic properties;
• Natural products and processes: Inventions, scientific theories, mathematical methods; Plant and animal production processes are mainly biological in nature and not microbiological processes…

2. Excluded inventions from registration:

• Plant varieties, animal varieties;
• Methods of prevention, diagnosis and treatment of diseases in humans and animals;
• Technical solutions are contrary to social ethics, public order, and harmful to national defense and security.

Patent protection registration service

Long Phan provides comprehensive, professional patent registration services, helping customers save time and costs. With a team of experienced experts, Long Phan is committed to accompanying customers throughout the registration process, ensuring benefits and optimizing costs.

Long Phan’s services include:

• Consulting on choosing the appropriate form of protection.
• Look up the protection ability of useful solutions.
• Prepare professional, complete and accurate documents.
• Submit your application and track the processing progress.
• Resolve problems that arise during the appraisal process.
• Receive results and deliver them to customers.
• After-sales programs.

Long Phan is committed to providing high quality, effective and cost-transparent services.

What is an invention? Understanding patent classification and protection conditions not only helps individuals and businesses protect intellectual property rights but also optimizes commercial value. When you master technical and legal criteria, you can maximize innovation, attract investment and create a competitive advantage in the market. Long Phan is ready to advise and support professional patent registration. Contact the hotline 0906735386 to receive quick and effective support!