The patent protection of BVL Law Firm
The protection of intellectual property is one of the most important things of the company. BVL Law Firm provides services for Vietnamese and overseas companies.
1.What is patent?Patent is a technical solution, in form of a product or a process, to resolve a specific problem by utilizing laws of nature.
Time of patent protection is 20 years
2.BVL delivers documents in free:All documents relating to the application of patent protection
Description of the subjects of protection
Model of authorization letter
Prepare necessary documents for patent protection
3.Works carried out by BVLRepresent at National office of Intellectual Property to complete all procedure
Represent to follow the documents and receive the answer from National office of Intellectual Property
Represent to get the patent protection certificate
Join other legal relations for the protection of lawful rights if the application for certificate is denied.
Notarized necessary documents for the next procedure
4.You can be consultedAll legal basic about the application for protection of patent
Consult all abilities of the patent to be protected
Consult the scope of patent protectionArticle 59: Subject matters not protected as patent(Vietnam intellectual property law )The following subject matters shall not be protected as patent:
1. Discoveries, scientific theories; mathematical methods;
2. Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
3. Presentations of information;
4. Solutions of aesthetic characteristics only;
5. Plant varieties, animal varieties;
6. Processes of essentially biological nature for the production of plants and animals other than microbiological processes;
7. Disease prevention, diagnostic and treatment methods for human or animals.
Article 86 The right to registration of an patent
1. The following organizations and individuals shall have the right to registration of an invention.
a) The authors who have created the invention by his or her own efforts and expenses; or
b) The organizations or individuals who have invested funds and material facilities to the authors in the form of a job assignment or job hiring unless otherwise agreed by the parties and such agreements are not contrary to paragraph 2 of this Article.
2. The Government shall provide for the right to registration of inventions, industrial designs and layout-designs created by using funds and material and technical facilities from the State budget.
3. In case more than one organizations or individuals have jointly created or invested in the creation of an invention, industrial design or layout-design, those organizations or individuals shall all have the right to registration and such right shall only be exercised with their consensus.
4. A person who has the right to registration as provided in this Article may assign that right to other organizations or individuals in the form of a written contract, passing by inheritance in accordance with the law, even when a registration application has been
-Principle of priority
- Give true information to get the invention protection
- General requirements for inventions eligible for protection
1. An patent shall be eligible for protection by granting of Certificate of Patent if it meets the following conditions:
a) To be novel;
b) To involve an inventive step;
c) To be susceptible of industrial application.
2. Unless it is common knowledge patent shall be eligible for protection by granting of a Utility solution Patent if it meets the following conditions:
a) To be novel;
b) To be susceptible of industrial application.
Requirements for patent registration applications
1. Documents identifying the invention claimed for protection in an invention registration application shall include a Specification of the invention and an Abstract of invention consisting of a description of invention and a scope of protection of invention.
2. The Description of invention shall fulfill the following conditions:
a) To sufficiently and clearly disclose the nature of the invention to the extent that such invention may be carried out by a person having ordinary knowledge in the art;
b) To briefly explain the drawings, if it is required to further clarify the nature of the invention; and
c) To clarify the novelty, inventive step and susceptibility of industrial application of the invention.
3. The Scope of protection of invention shall be expressed in the form of a combination of those technical features necessary and sufficient to identify the scope of the rights to that invention, and must be in line with the Specification of invention and drawings.
4. The Abstract of invention shall disclose the essential features of the nature of the invention.After the service10% fee decrease for the next service
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