What Are Legal Requirements of Patent Description?

When patent owner registers for their patent, one of the most important documents included in the dossiers is the patent’s description. Patent is a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Patent description is very important which is aimed to reveal the nature of a patent for examiner to consider its ability if satisfying the protected conditions. Specifically, patent description must include the description and protection scope.

 

Register patent in Vietnam

The description must completely disclose the nature of the technical solution sought to be registered. It must contain sufficient information based on which any person with average skill in the art can deduce the solution and also clarify the novelty, inventive steps and susceptibility of industrial application of the technical solution.

 

The description includes the following contents:

-Title of the invention, which briefly expresses the object or objects sought to be registered and must be brief and must not be of a promoting or advertising purpose;

-Use field of the patent: the field in which the object is utilized or to which the object is relevant;

-Technical state of the use field of the patent: The technical state of the above mentioned file at the time of;

-Technical nature of the patent: The nature of the object, in which clearly state the signs (characteristics) featuring the object and clearly indicate the signs (characteristics) which is new to those of known similar technical solutions;

-Brief description of attached drawings (if any);

-Detailed description of invention operating variations;

-Detailed description of invention operating variations;

-Benefits (effects) expected to be achieved.

Protection scope or protection claim of the patent:

The protection scope is used for determination the scope of industrial property rights to patent. The protection scope must be presented briefly and clearly in conformity with the description and drawings, making clear signs of novelty of the object sought to be protected and comply with the following regulations:

-The protection scope (claim) must be adequately demonstrated by the description, including prerequisite and sufficient substantial technical signs to identify the object, achieve the set objective and distinguish the object from a known object;

-Technical signs within the protection scope (claim) must be clear, precise and recognizable in the similar art;

-The protection scope (claim) should not invoke the description and drawings, except for invocation to parts that cannot be accurately described with words;

-If the application contains drawings illustrating the protection claim, signs presented in the protection scope (claim) may be accompanied with indication numbers put in brackets. Those indication numbers are not considered confining the protection scope (claim).

-The protection scope (claim) should (is not required to) be expressed in two sections: Restriction and Distinction. The section Restriction covers the title of the object and signs of the object that are identical to those of the latest known object and is connected to the section Distinction by the phrase distinguishable by or characterized by or equivalent expressions. The section Distinction covers signs that distinguish the object from the latest known object and are combined with signs of the section Restriction to constitute the object of protection claim.

-The protection scope (claim) may include one or more than one points. A multi-point protection scope (claim) may be used to present an object sought to be protected, with the first point (called independent point) and subsequent point(s) used to concretize the independent point (called dependent point(s)); or to present a group of objects sought to be protected, with several independent points, each presenting an object sought to be protected in the group. Such an independent point may have dependent point(s);

-A multi-point protection scope (claim) used to present a group of objects must satisfy the following requirements: Independent points presenting different objects must not invoke other points of the protection scope(claim), unless the invocation helps avoid total repetition of the content of another point; dependent points must immediately follow the independent point on which they are dependent.

Besides the description and protection scope, the patent abstract is also a compelled part in the dossier for patent registration. Accordingly, the patent abstract is used to concisely describe (with no more than 150 words) the nature of the patent. The abstract must disclose principal details of the nature of the technical solution for the informatory purpose and may contain typical drawings or formulas.

If the client needs any other information or requires for further advice, our IP attorney in Vietnam at ANT Lawyers, the IP agent in Vietnam will be available for service.

 

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Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

 

Register patent in Vietnam

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

 Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filing a Patent on an invention or a utility in Vietnam.

1. Our services in Patent for invention and Utility model

Our services in Patent field include:

-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;

-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;

-Maintenance;

-Amendment;

-License;

-Assignment;

-Opposition against proceedings;

-Appeal;

-Cancellation;

-Invalidation;

2. How to file a patent in Vietnam

Inventors or Organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.

An invention shall be protected in Vietnam when it satisfies the following conditions:

-Novelty;

-Inventive step;

-Industrial applicability;

3. Required information and documents

For the purpose of filling the patent application in Vietnam, the following documents will be required:

-Full name and address of applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

4. Patent Examination Procedure

The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

-Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from publication date of 19 months from priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay fee.

-Issuing the Patent of Invention.

5. Patent Term and Maintenance

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

 

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Patent Attorney in Vietnam

At ANT Lawyers, we provide patent attorney in Vietnam with specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.

 

Patent attorney in Vietnam

The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.

It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.

If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:

-Failure in providing enough file for patent registration;

-Making inaccurate statement such as incorrect description;

-Wasting time because the documents is not valid;

-Loss of patent right because of other patents;

-Loss of capability on exploiting economic from patent right;

With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right. The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.

The patent attorney in Vietnam assist clients as following:

-Advise about the procedure for registration prior submitting application;

-Compile all forms related to patent registration procedure;

-Prepare for registration dossier and conduct the registration;

-Subscribe to the application already filed and report to clients on the status of the application;

-Inform, advise and handle mission or refusal of Patent Agency;

-Get Patent and hand over to clients after receiving patent from patent Agency;

-Consult clients about the use of the invention, rights and obligations related to invention after successful registration.

All things become easy, convenient and safe if you get the assistance from a patent attorney in Vietnam in patent registration.

 

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Brief Reminder of Time Schedule to Apply PCT Application into Vietnam

According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:

 

Register patent in Vietnam

If an international application designates Vietnam, the National Office of Intellectual Property in Vietnam (NOIP) is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following:

-Written declaration requesting invention registration, made according to a set form;

-Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 of Patent Cooperation Treaty;

-National charges and fees.

If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

-Written declaration request;

-Sting invention registration, made according to a set form;

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or Article 34(2)(b) of the Treaty);

-Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);

-National charges and fees.

After having submitted the application, the time  when the processing of an international application designating or electing Vietnam in the national phase starts is the first day of the thirty second month from the date of priority if the applicant files no written request for entry into the national phase earlier than the above time limits. The international application shall be put to formality examination and substantive examination according to the procedures applicable to ordinary invention registration applications. If the applicant requests in writing earlier examination of his/her application and pay the prescribed charge, the international application shall be examined earlier than the time limit specified above in accordance with the provisions of Article 2 3(2) of the Treaty.

Please be noted that in addition to the cases where an international application is considered withdrawn specified in the Treaty and the Regulation on implementation of the Treaty, an international application designating or electing Vietnam shall be considered withdrawn if the national fees are not paid to the NOIP or there is no Vietnamese translation upon the expiration of the set time limit.

It is important to adhere to the deadline and patent attorney of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

It is important to adhere to the deadline and patent attorney in Vietnam of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

If you're looking for an affordable IP attorneys in Vietnam, check out ANT Lawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

 

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How to register patent in Vietnam?

Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Each invention is the result of a serious, painstaking work-study process by the inventor. However, right of industrial property shall only be established by the registration procedure, and the scope of protection is defined in the patent. Therefore, without prior registration at governmental competent authorities, right of industrial property could be violated.

 

Register invention in Vietnam

With highly professional staff and great experience in IP aspect, ANT Lawyers would like to support you in registering patent in Vietnam as follow:

Required information

Title of invention/ utility solution;

Name, address and nationality of the applicant (s);

Name, address and nationality of the investor (s);

Information of priority document: Nation, number of applications and dossiers for priority right;

International dossiers/ or publication (if any).

Document

For dossiers applied as national application

01 original Power of Attorney – POA (No need for notarization). The Copy of POA shall be accepted for filling but the original shall be submitted within 03 months since the date of filling.

02 copies of an invention description. An invention description must consist of the section of invention description and the invention protection coverage;

02 Drawings, photos or description (if any);

01 notarized copy of document to prove prior right (only for dossiers have prior right under the Paris Convention). The document shall be submitted within 03 months since the date of filling.

For dossiers applied as PCT application.

03 English declaration for registration originating in Vietnam

02 copies of an invention description (including images, if any);

02 written request of protection;

Related documents (if any);

Dossiers can be submitted at National Office of Intellectual property or International Office or sent via post office.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

 

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Brief Reminder of Time Schedule to Apply PCT Application into Vietnam

According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:

 

Vietnam patent 

If an international application designates Vietnam, the National Office of Intellectual Property in Vietnam (NOIP) is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following:

-Written declaration requesting invention registration, made according to a set form;

-Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 of Patent Cooperation Treaty;

-National charges and fees.

If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

-Written declaration request;

-Sting invention registration, made according to a set form;

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or Article 34(2)(b) of the Treaty);

-Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);

-National charges and fees.

After having submitted the application, the time  when the processing of an international application designating or electing Vietnam in the national phase starts is the first day of the thirty second month from the date of priority if the applicant files no written request for entry into the national phase earlier than the above time limits. The international application shall be put to formality examination and substantive examination according to the procedures applicable to ordinary invention registration applications. If the applicant requests in writing earlier examination of his/her application and pay the prescribed charge, the international application shall be examined earlier than the time limit specified above in accordance with the provisions of Article 2 3(2) of the Treaty.

Please be noted that in addition to the cases where an international application is considered withdrawn specified in the Treaty and the Regulation on implementation of the Treaty, an international application designating or electing Vietnam shall be considered withdrawn if the national fees are not paid to the NOIP or there is no Vietnamese translation upon the expiration of the set time limit.

It is important to adhere to the deadline and patent attorney in Vietnam of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 

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