I. Legal sources :
– Intellectual Property Law No. 50/2005 / QH11 dated 29/11/2005;
– Decree No. 103/2006 / ND-CP dated 22 September 2006 detailing and guiding the implementation of a number of articles of the Intellectual Property Law on industrial property;
– Circular No. 01/2007 / TT-BKHCN dated February 14, 2007 of the Ministry of Science and Technology guiding the implementation of Decree No. 103/2006 / ND-CP
II. Content:
1. What is an invention?
An invention is a technical solution expressed in the form of a product or process. It aims to solve a problem determined by the application of natural laws rather than the things (already existing in nature) discovered by humans.
The invention may be expressed in the form of a product (structure, substance, material) or process (method)
– A structure is a set of components that have the same or different functions, linked together to perform a certain function, for example: tools, machinery, equipment, machine parts, detail assemblies machines, other products . ..
– Substance is a combination of products that are interrelated, characterized by the presence of a certain function, for example: tools, machines, assemblies, other products …
– Biological materials are materials that contain genetic information, capable of self-replicating or reproducing in biological systems, such as cells, genes, transgenic plants.
– Method is the process of performing stages or series of stages occurring simultaneously or continuously over time in the technical conditions determined by means of identification, for example: method or Production process, mining, measurement, exploration …
The invention is the result of human intellectual work, so the protection of the state in the form of recognition and protection of human rights is directly created or invested to create the invention. Protected inventions are technical solutions that meet certain protection conditions:
– First, the technical solution is not the same as the technical solution described and has already been submitted to the patent office for the invention or utility solution.
– Second, the technical solution has not yet been publicly disclosed either domestically or internationally in the form of use or description in any source of information based on which the average person can actually present that technical solution.
The following objects are not protected by the State as an invention:
– Invention, scientific theory, mathematical methods;
– Schemes, plans, rules and methods to carry out mental activities, pet training, game implementation, business, computer program;
– How to show information;
– Solutions only aesthetic characteristics;
– Plant varieties, animal breeds;
– The process of producing plants and animals is essentially biological without the microbiological process;
– Methods of prevention, diagnosis and treatment for humans and animals;
– Patents contrary to social morality, public order, harmful to national defense and security are not protected.
2. What is the useful solution?
A product or process that does not qualify for patent registration will be protected as a utility solution if it is not a conventional, novel, commercially viable product.
– If the solution is a creative step and until the priority date of the application compared to the technical level of domestic and foreign, that solution can not create a way. It is easy for people with average technical qualifications.
– An acceptable technical solution may, if based on the nature of the technical solution described in the invention or utility solution, can be implemented in manufacturing or manufacturing batch of products, or repeated application of the process is the content of the invention and achieve stable results (Article 60, Article 61, Article 62 of the Law on Intellectual Property).
If you are looking for legal advice, please feel free to contact Kim Huc for more information!
KIM HUC CONSULT AND TRADING COMPANY LIMITED
Add: C36-TT8, Van Quan, Dist Ha Dong, Ha Noi, Viet Nam
Tel: 024.3225.2641 Fax: 024.3225.2640
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