Term and scope of protection of exclusive patents

Term and scope of protection of exclusive patents is one of the important factors in protecting the rights of patent owners. The term of protection is specified in the Law on Intellectual Property and relevant documents. In this article, we will explain in detail the time and scope of exclusive patent protection according to Vietnamese law, along with consulting services for patent protection registration.

What is an invention?

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

Conditions for patent protection

According to Article 58 of the Law on Intellectual Property 2005, amended and supplemented in 2022, inventions are only protected if they meet the following conditions:

• Novelty: The invention has not been previously published in Vietnam or abroad.
• Innovative level: An invention is a creative step, not an easy solution for someone with average knowledge of the relevant technical field.
• Industrial applicability: The invention can be applied to mass production or implementation of a stable technical process.

Thus, for an invention to be protected under Vietnamese law, it must satisfy three basic conditions: novelty, inventive level and industrial applicability. These conditions ensure that the invention is not only legally valid but also has the potential for practical application, contributing to the promotion of economic and technological development in society.

Invention cases are not protected

According to Article 59 of the Law on Intellectual Property 2005, amended and supplemented in 2022, the following subjects are not protected as inventions:

• Inventions, scientific theories and mathematical methods.
• Diagrams, plans, rules, and methods for performing mental activities, training pets, conducting games, doing business, or computer programs.
• Ways of presenting information.
• The solution has only aesthetic properties, not technical application.
• Plant varieties and animal breeds.
• The process of producing plants and animals is mainly biological and not a microbiological process.
• Methods of prevention, diagnosis and treatment of diseases in humans and animals.

The above subjects do not meet the conditions for patent protection, and therefore cannot be granted exclusive patents in Vietnam.

Regulations on the term and scope of protection of exclusive patents

The exclusive patent protection period in Vietnam is specified in Clauses 1 and 2, Article 93 of the Law on Intellectual Property 2005 (amended and supplemented 2022). Specifically:

• The protection certificate is valid throughout the territory of Vietnam.
• The exclusive patent protection period is 20 years, counted from the date of filing the patent application.
• There are no regulations on extending the patent protection period, unlike other intellectual property objects such as trademarks or industrial designs.
• To maintain the patent’s validity, the owner must pay a maintenance fee.

Consulting services for registration of protection for exclusive patents

Long Phan provides comprehensive consulting services on registering for exclusive patent protection, including the following steps:

• Consulting on conditions and patent registration process.
• Instructions for preparing patent registration documents.
• Representative submits an invention registration application at a competent state agency.
• Monitor and ensure customers’ rights throughout the patent protection process.
• Consulting on issues related to maintaining the validity and benefits of inventions.

With clear and strict legal regulations on the term and scope of exclusive patent protection, patent protection registration is very important to ensure the rights of individuals and organizations that own inventions. mechanism. If you need advice and registration for exclusive patent protection, please contact Long Phan via the hotline 0906735386 for professional and effective support.