Qauthority about Inventions and technical solutions according to intellectual property law

1. Concept

An invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws.

[Article 4.12 Intellectual Property Law]

Inventions are protected in the form of patents or utility solution patents.

[Article 58.1 Intellectual Property Law]

2. Technical solutions

A technical solution - an object protected as an invention - is a necessary and sufficient collection of information about technical methods and/or technical means (application of natural laws) to solve a problem. a defined task (a problem). Technical solutions can be in one of the following forms:

(i) Products in the form of objects, for example tools, machines, equipment, components, circuits, etc., represented by a set of information identifying a man-made product characterized by markings Technical characteristics (characteristics) of structure, that product has the function (use) as a means to meet certain human needs; or products in the form of substances (including single substances, compounds and mixtures of substances), for example materials, substances, foods, pharmaceuticals, etc., represented by a set of information that identifies a human product Creation is characterized by technical signs (characteristics) of the presence, proportion and status of elements, which function (use) as a means to meet certain human needs. ; or products in the form of biological materials, for example genes, genetically modified plants/animals, etc., are represented by a collection of information about a product containing genetic information modified under human influence. humans, capable of self-regeneration;

(ii) Process (technological process; method of diagnosis, prediction, inspection, treatment, etc.) is represented by a set of information that determines how to carry out a process or a specific job. can be characterized by signs (characteristics) of sequences, conditions, participants, measures, and means of performing operations to achieve a certain purpose.

[Article 16.3.b Circular 23/2023/TT-BKHCN]

3. Protection conditions

An invention is protected in the form of a patent if it meets the following conditions:

- Is new;

- Have a creative level;

- Capable of industrial application.

An invention is protected in the form of a utility solution patent if it is not common knowledge and meets the following conditions:

- Is new;

- Capable of industrial application.

[Article 58.2 Intellectual Property Law]

4. Objects that are not protected under the name of invention

The following subjects are not protected as inventions:

- Inventions, scientific theories, mathematical methods;

- Diagrams, plans, rules and methods for carrying out mental activities, training pets, conducting games, doing business; computer programs;

- How to present information;

- The solution only has aesthetic properties;

- Plant and animal varieties;

- Plant and animal production processes are mainly biological in nature and not microbiological processes;

- Methods of prevention, diagnosis and treatment of diseases for humans and animals.

[Article 59 of Intellectual Property Law]