Concepts, explanations

1. What is an invention/useful solution?

  • Inventions/Utility Models solutions are products, technological processes, created by humans, not things (already existing in nature) discovered by humans.
  • The basic attribute of an invention/utility solution is a technical characteristic because an invention/utility solution is a technical solution, that is, a technical measure to solve a problem.

2. Inventions/Utility Models solutions can be expressed in the following 5 forms:

  • A structure is a collection of parts with the same or different functions, linked together to perform a certain function, for example: tools, machines, equipment, machine parts, machine part assemblies , other products, etc…
  • Substance is a set of interrelated elements, characterized by the presence, proportion and state of the constituent elements and has a certain function. Substances can be chemical compounds or mixtures of substances, for example: materials, substances, foods, pharmaceuticals;
  • A method is the process of performing steps or a series of steps occurring at the same time or consecutively over time, under determined technical conditions using specified means, for example: methods or procedures. production, processing, exploitation, measurement, exploration, etc.
  • Biological materials are materials that contain genetic information, have the ability to self-renew or be regenerated in biological systems, such as cells, genes, transgenic cultures;
  • Using a known structure (or a substance, a method, a biological material) for a new function is to use it with a function different from the known function, for example, using cheese as a medicine. toothache.

3. Patent protection standards:

  • It is new compared to the technical level in the world;
  • Have a creative level; and
  • Capable of industrial application.

4. The following subjects are not protected by the state :

  • Intentions, principles and scientific discoveries;
  • Methods and systems of economic organization and management;
  • Methods and systems of education, teaching and training;
  • Training methods for pets;
  • Language system, information system, classification and arrangement of documents;
  • Designs and planning diagrams of construction works, territorial planning and zoning projects;
  • The solution only refers to the external appearance of the product, has only aesthetic characteristics and not technical characteristics;
  • Conventional signs, timetables, rules and regulations, symbolic signs:
  • Computer software, electronic circuit layout design, mathematical models, lookup graphs and similar forms;
  • Plant varieties, animal varieties;
  • Methods of disease prevention, diagnosis and treatment for humans and animals;
  • Processes of a biological nature (except microbiological processes) for the production of plants and animals;
  • Objects contrary to social interests, public order, and humanitarian principles.

VIPATCO advises and represents customers in activities related to Inventions/Utility Models Solutions:

  • Consulting on patentability/utility solutions (including looking up information, evaluating the possibility of protection before filing an application and or exploiting the invention to avoid risks);
  • Look up and provide information about the technical status of inventions/utility solutions in Vietnam and abroad;
  • Completing the application for patent protection includes: preparing the application, translating and/or writing the invention description; Carry out procedures to apply for an invention/utility solution patent in Vietnam or register abroad;
  • Consulting and conducting legal procedures to record the transfer of registration applications or transfer of Patent/GPHI;
  • Consulting and conducting procedures for recording amendments related to registration applications or information in the Patent Certificate/GPHI;
  • Consulting on the validity of the Patent, maintaining and extending the validity of the Diploma; • Consulting on protecting the rights of patent owners;
  • Representing clients to carry out procedures to appeal administrative decisions of competent authorities if deemed harmful to the legitimate rights and interests of applicants and holders of Certificates, including: protest, petition, request to change the content of the decision, …
  • Consulting and representing clients in registering patents domestically and abroad, especially filing patent applications under the Patent Cooperation Treaty (PCT) of which Vietnam is a member country. tablets.


I. Information to be provided

  1. Full name, address, nationality of applicant and author/co-author (if any);
  2. Documents related to the request for priority rights (if any);
  3. Documents related to transfer of application rights (if any);
  4. Invention name/Useful solution.

II. Necessary document:

  1. Authorization letter of the applicant for VIPATCO(01Authorization letter accepted for multiple applications at different times of application); (A copy of the Power of Attorney is accepted at the time of application, the original must be submitted within 01 month from the date of application);
  2. Transfer of application rights, priority rights (if any); (If the applicant enjoys the right to file, the right of priority from another applicant or from the author of the invention/ GPHI. A copy of the Transfer of right to file, the right of priority accepted at the time of filing, Original or certified copy must be submitted within 01 month from the date of application).
  3. Documents requesting priority rights (if any) include: A certified copy of the first application or document certifying the exhibition display if the application requires priority rights under the Paris Convention. Documents claiming priority are originals or copies that must be certified by a competent authority or notarized. (Copies of the above documents are accepted when submitting the application, originals/or certified copies must be submitted within 01 month from the date of application).
  4. Invention description/GPHI, summary and protection claims, illustrations (If any).

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