What is an invention and the conditions for an invention to be protected?

1Concept

An invention is a technical solution in the form of a product or process to solve a specific problem by applying the laws of nature. (Article 4.12 of the Law on Intellectual Property)

Inventions are protected in the form of Patents for Inventions or Patents for Utility Solutions. (Article 58.1 of the Law on Intellectual Property).

2. Technical solutions

Technical solution - the subject protected under the name of invention - is a necessary and sufficient set of information on technical methods and/or technical means (application of natural laws) to solve a specific task (a problem). Technical solution can be of one of the following types:

(i) A product in the form of an object, for example a tool, machine, equipment, component, circuit, etc., represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of its structure, which functions (uses) as a means to meet certain human needs; or a product in the form of a substance (including single substances, compounds and mixtures of substances), for example a material, substance, food, pharmaceutical product, etc., represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, which functions (uses) as a means to meet certain human needs; or a product in the form of biological material, e.g. genes, genetically modified plants/animals etc., represented by a set of information about a product containing genetic information modified by human action, capable of self-replication;

(ii) Process (technological process; diagnostic, forecasting, testing, processing methods, etc.) is represented by a set of information that determines how to carry out a process or a specific job, characterized by signs (characteristics) of the sequence, conditions, participants, measures, and means of performing operations to achieve a certain purpose.

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

3. Conditions of protection

An invention is protected by a patent if it meets the following conditions:

- Has novelty;

- Have creativity;

- Has industrial applicability.

An invention is protected in the form of a Utility Solution Patent if it is not common knowledge and meets the following conditions:

- Has novelty;

- Has industrial applicability.

[Article 58.2 of the Law on Intellectual Property]

4. Objects not protected under the name of invention

The following subjects are not protected as inventions:

- Inventions, scientific theories, mathematical methods;

- Schemes, plans, rules and methods for performing mental acts, training animals, playing games, doing business; computer programs;

- How to present information;

- The solution is only aesthetic;

- Plant and animal breeds;

- The process of producing plants and animals is mainly biological in nature and not a microbiological process;

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

(According to Article 59 of the Law on Intellectual Property).