Protection site

Prerequisites for registration of patent protection

Invention means a technical solution in the form of a product or a process which aims to solve a problem by applying the laws of nature1 . In most countries, an “invention” is described as a solution to a technical problem. A technical problem can be old or new, but its solution to qualify as an invention must be new. Unlike a discovery (recognizing something that already exists in nature), an invention must involve human intervention. What are the conditions that an invention must fulfill to obtain a patent?

Be patentable subject matter

Not all inventions are patentable. To be protected, an invention must be eligible for patent protection. Depending on the laws of each country, patentable subject matter may differ. According to Vietnamese law, the following objects are not protected as inventions: scientific discoveries or theories, mathematical methods; schemes, plans, rules and methods for performing mental acts, training pets, playing games, doing business; computer software; presentations of information; aesthetic feature solutions only; plant varieties, animal breeds; plant or animal production processes that are primarily biological in nature other than microbiological; methods of prevention, diagnosis and treatment of human and animal diseases.

be novel

An invention is considered to be “new” or “having its novelty” if this invention is different from previous technical solutions, i.e. it has not yet been publicly disclosed by use or by means of of a written description or any other form. However, an invention is considered to have not yet been publicly disclosed if it is known only to a limited number of persons who are required to keep it secret.

Furthermore, an invention is not considered to have lost its novelty if it is disclosed by the holder of the right to register this invention or by another person who obtains information about the invention directly or indirectly from him. , provided that the patent application is filed in Vietnam within twelve months from the date of disclosure.2

It is very important to do a patent search before filing an application because a search will help you know whether your invention is new or not, thus showing that your invention is likely to be patented or not.

Involves an inventive approach

An invention is considered to “involve an inventive step” if it constitutes an inventive step and cannot be easily created by a person with average knowledge in the relevant technical field (non-obvious) compared to known technical solutions. This is difficult to explain and apply and depends on the subjectivity of the examiner during the process of examining the invention. In the event that the solution does not involve an inventive step eligible for patent protection, such a solution may also be granted a utility solution patent.

Be capable of industrial application

The patented invention must make it possible to carry out manufacture or mass production of products or repeated application of the process object of the invention, and to obtain stable results. That is, the invention must take the actual form of a new tool, device, product, material, or substance, or a specific process or method of operation, and yield stable results.

An invention must meet all of the above conditions to be patented. Filing a patent is not always the appropriate solution for companies. Lack of understanding of patent registration requirements and regulations can lead to the loss of novelty of the invention, thus creating opportunities for competitors to leverage the invention. Therefore, companies should consult with professional services organizations before publicly disclosing and registering for patent protection to protect their interests.