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 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:

 

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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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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Four Steps of Patent Application Processing Procedures

After submitting patent application at National Office of Intellectual Property in Vietnam (NOIP), the applicant will concern on how their application will be processed.

Specifically, patent application will be gone through the following phases: receipt of application; formality examination of application; substantive (ex-officio) examination of application; grant of or refusal to grant protection titles; official registration and publication of decisions on the grant of protection titles.

Vietnam patent

Firstly, receipt of patent application:

When receiving the application in this first phase, the NOIP will check and prepare with the documents listed in the declaration to consider whether to receive the dossiers. In case of sufficient dossiers according to the law, the receiving officer shall receive the dossiers and stamp the submitting date in the dossiers and send back a declaration to the applicant. In case of insufficient dossiers, the NOIP shall decline to receive the dossiers.

Secondly, formality examination of patent application:

The purpose of formality examination is for examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid. If the application is valid, it will be proceeded to the next step, otherwise, it will be denied. The formality is considered related to the language in the application, application presentation, word size; the declaration must ensure the compulsory information and be uniformed; regarding the documents required to have the confirmation of competent authority then those documents must have that seal. Besides, the NOIP also check the filing date and priority date (if any). If there are any errors in the dossiers, the NOIP will send a notification to applicant of intention to refuse the valid application and set a period so as the applicant can correct the errors. In case applicant does not reply to the notification, the NOIP will issue the refusal notification of the application; if the application is valid, the NOIP will issue the acceptance notification of the valid application.

Thirdly, publication of valid application:

After being accepted the validity, the NOIP will publish the valid application on Industrial Gazette in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within two months after it is accepted as a valid application, whichever is later. If the patent application is under the Patent Cooperation Treaty, it shall be published within two months from the date it is accepted as a valid application and entering the national phase. Regarding the application which request for earlier publication, it shall be published within two months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Fourthly, substantive examination of patent application;

The purpose of substantive examination is to assess the protect ability of objects stated in those applications under the protection conditions and corresponding protection coverage. Be noted that during the substantive examination process to the application having the priority, the NOIP may use the searching information result and corresponding substantive examination result of the application submitted abroad. However, the applicant could actively provide the following documents for substantive examination: (i) searching information result and corresponding substantive examination result of the application submitted abroad (ii) the copy of protection title on the basis of similar application submitted abroad (iii) the documents related to technical art of the subject mentioned in the application which provided by oversea competent authority and other documents. The content of substantive examination is to assess the corresponding of the subject in the application to each protection claim. After finishing the substantive examination period, the NOIP will issue one of the following notifications:

-The subject in the application does not satisfy the protected conditions or satisfies the protection conditions and remains some errors. Then, the NOIP will issue a notification of intention of refusal to grant protection title and set a period for applicant to have opinion and correct the errors. If the applicant replies to the notification and the NOIP considers to be suitable, then NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

-If the subject in the application satisfies the protected conditions, the NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

In both the above cases, if the applicant submits the granting fee, publication of granting decision fee; registration protection title fee and first year remaining validity fee, applicant will then be granted the patent registration certificate. Every year, applicant will have to submit the remaining validity fee, otherwise, the protection title will be invalid.  It is suggested that patent attorney in Vietnam will be assigned to follow up with the authority for effective management of IP properties.

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Condition, Procedures and Period of Patent Registration in Vietnam

Before applying the patent registration, applicant needs to find out the matters related to conditions, procedures and period from the time of submission the application until granting the protection title when registering a patent to avoid the cases that National Office of Intellectual Property in Vietnam (NOIP) may issue the notification on denying examination due to not meeting criterias or non-compatible dossiers.

Register invention in Vietnam

According to Law on Intellectual Property in Vietnam, a patent needs to satisfy 03 following criterias to be protected:

-An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

-An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

-An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

1.It is published by another person without permission from the person having the right to register it;

2.It is published in the form of a scientific presentation by the person having the right to register it;

3.It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it.

-An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art;

-An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

For registration procedures, after the application was filing, it will go through 02 phases of examination:

-The application will be examined formality from 1-3 months. If the application meets the formality criteria according to the law, NOIP will issue the decision on accepting the formality of the application. Then, it will be published on Industrial Property Official Gazette within 02 months from the date of issuing the above decision.

-Then, when having the request, the application will go through a substantial examination within 12-16 months. If meeting the protection criteria as mentioned above, NOIP will issue the Patent to applicant.

However, the actual examining period will be shorter or longer than as regulated.

In case of authorizing ANT Lawyers as IP agent in Vietnam, the client needs to provide the following documents:

-Name and address of the applicant;

-Name and address of inventor(s);

-POA to ANT Lawyers;

-Specification, Figures and Claims of the patent;

-Priority documents (if any);

-Other related documents.

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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How can I register an idea?

You can’t protect an idea, however you can protect an invention. Of course, the idea is the first step in that creation process, but until you create something tangible, there is no protection for you there. Once your idea manifests into an actual invention, then you can work through the process of protecting it through a patent. Depending on your invention, you will likely be considering one of the following patents:

Register invention in Vietnam 

Utility Patent: This type of patent focuses on function. It is appropriate to file for this patent if you have created a brand new product that has never been invented before.

Design Patent: This type of patent is appropriate if you have a product that is already established on the market, but you have created a new look that is incredibly unique.

In some instances, your invention may be eligible for both types of patents. To best determine where you should go from here, you should consult a patent attorney.

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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