An invention is a technical solution in the form of a product or a process aimed at solving a specific problem by applying natural laws.
Technical solution – the object protected under the name of an invention is a necessary and sufficient collection of information on technical methods and / or technical means (application of natural laws) in order to solve a task (a problem) define. Through this article, Lawyer would like to share to you readers the invention registration procedure / utility solution.
1. Patent registration file / utility solution.
– 02 invention registration declarations;
– 02 Description of invention / utility solution;
– 02 Patents summary / utility solution. An invention / utility solution summary cannot exceed 150 words and must be separated into a separate page. A summary of the invention / utility solution is not required to submit at the time of filing and the applicant may add it later;
– Receipt of fees and charges.
In addition to the above required documents, the applicant must also submit other documents (if any):
– Power of attorney (if the application for invention / utility solution is filed through an industrial property representation service organization);
– Application transfer assignment (if any);
– Documents certifying registration rights (if beneficiary from others);
– Documents proving the priority (if the invention registration application requires priority right).
2. Application form
a) Apply in person or by mail
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the Intellectual Property Department’s application receiving locations. In case of filing an application for registration of an invention / utility solution by post, the applicant needs to transfer money through the postal service, and then make a photocopy of the Money Transfer Receipt attached with the application to one of points of receipt of the above application of the National Office of Industrial Property to prove the amount paid.
b) Apply online
– Conditions for online application: Applicants need to have digital certificates and digital signatures, register an account on the online application receiving system and have their accounts approved by the National Office of Intellectual Property to make transactions. Translation of IP registration.
– Order of online filing: Applicants need to make the declaration and send the application for invention / utility solution on the Intellectual Property’s online application receiving system, after completing the declaration. Notice and send the application on the online application receiving system, the system will send back to the applicant a confirmation of online document submission. Within 01 month from the date of online submission, the applicant must go to one of the NOIP’s application receiving points on working days during the trading hours to produce the online documents. routes and attached documents (if any) and pay fees / charges as prescribed. If documents and fees / charges are complete as required, the applicant will issue the application number in the online application form, if there are not enough documents and fees / charges as prescribed. The application will be denied. In the event that the Applicant fails to complete the prescribed application procedure, the online document will be canceled and the Online Document Cancellation Notice will be sent to the Applicant on the Online Application Receiving System.
3. Time limit for processing applications for invention / utility solution
From the date of receipt of the NOIP, the application for invention / utility solution shall be considered in the following order:
– Formal examination: 01 month
– Publication of invention / utility solution registration applications:
+ The invention / utility solution application is published in the nineteenth month from the priority date or the filing date, if the application does not have a priority date or within 2 months from the date of acceptance of the valid application. , whichever is later;
+ An invention registration application under the Patent Cooperation Treaty (hereinafter referred to as a “PCT application”) shall be published within 2 months from the date of acceptance of the valid application already entered into the national stage;
+ Application for registration of invention / utility solution with request for early publication shall be published within 02 months from the date on which the NOIP receives the request for early publication or from the date of accepting a valid application, whichever is later.
– Substantive examination: no more than 18 months from the date of publication of the application if a request for substantive examination is filed before the date of publication of the application or from the date of receipt of a request for substantive examination if such request is submitted later. application publication date.