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Some notes about useful solution protection

  05/01/2021

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Helpful solution protection

You are having a new technical solution, a new invention and you want to protect intellectual property rights for your ideas but are afraid that the patent conditions are too strict? Here are some effective solutions for you.

Like an invention, a utility solution is also a technical solution in the form of a product or a process to solve a problem by application of laws of nature. The basis for determining what is the technical solution is specified at Points b and c, Clause 25.3, Article 25 of Circular 01/2007 / TT-BKHCN.

However, a useful solution is not necessarily a completely new solution that is not the same as any other solution, it could be a solution that improves or enhances the functionality of existing solutions or of other solutions. invention existed before, increasing the usefulness of those solutions and inventions.

The fact that it does not require too much creativity for utility solutions is shown in the protection conditions as prescribed by law. To be protected in the form of utility solution patent, the following 3 conditions must be met:

Novelty: not public in any form at home or abroad before the date of filing the application for protection registration or before the date of priority in case the application enjoys priority, is evaluated according to the instructions. in Article 25 of Circular 01/2007 / TT-BKHCN.

– Possibility of industrial application: being able to participate in the manufacture or mass production of products or to repeatedly apply the process and obtain stable results, assessed under the instructions in this Article 25 of Circular 01/2007 / TT-BKHCN.

– Not falling into the following 07 subjects:

Scientific theory, mathematical method, invention.
Diagrams, plans, rules and methods for performing mental activities, training pets, making games, trading; Computer Programs;
Ways of presenting information;
The solution has only aesthetic properties;
Plant varieties, animal breeds;
Plant and animal production process is mainly biological and not microbiological;
Methods of diagnosis, prevention or treatment of diseases for humans and animals.

Helpful solution protection

The conditions for protecting utility solutions are more “open” than the invention, especially the lack of “creativity” can be said to be the salvation of many ideas because ensuring absolute creativity is not is easy.

In order to obtain a patent, a useful solution must also go through a rigorous registration or validation process.

Basically, it is still easier to register for protection of a utility solution than to register for a patent. Because, although there is no difference in the composition of the profile, the content needs to prove and the description is much simpler.

Deadline for filing a request for substantive examination is shorter, only 36 months from the date of filing the application for protection registration (it can be extended no more than 6 months if there is a good reason).

The applicant should note that in order to be granted a protection title as well as to maintain its validity, the fee for the grant of a protection title, registration fee, and the fee for the publication of the decision to be granted is required. and first year maintenance fee of utility solution Patent.

The law also has a special provision to help patent applications that protect inventions but are not eligible, that is, for invention applicants to convert their patent requests. patent right becomes a utility solution patent before NOIP issues a notice of refusal to grant a protection title or a protection title decision, provided the full fee is paid. No consideration will be made to an application after the publication date, but the applicant may submit a new application and still obtain the filing date of the original application.

With so many advantages, in return, utility solution patents are only valid for 10 years and cannot be renewed.

Therefore, filing a claim for utility solutions for inventions with low creativity and short life cycle while still ensuring protection according to the provisions of the law.

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