The protection of intellectual property rights is receiving more and more attention, besides, the current law is also increasingly improving mechanisms to be able to protect human creativity and intellectual products. However, there are still many cases where individuals and organizations do not understand the regulations on protection but still apply for patents, leading to many applications not being approved. One of the main reasons is that the subject matter of registration is not in the list protected in the name of invention. In order to answer customers' questions, A Dong IP Company provides information about non-protected objects in the name of patents as follows:
SUBJECTS NOT PROTECTED IN THE NAME OF INVENTION
- The Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022.
According to Clause 12, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022, an invention is a technical solution in the form of a product or process to solve a problem identified by the application of natural laws.
According to Article 58 of the Intellectual Property Law, in order to be protected in the name of an invention, the following three conditions must be met:
1. Novelty
2. Creativity level
3. Industrial applicability
1. Inventions, scientific theories, mathematical methods
- Example: Pythagorean theorem, Einstein formula E=mc². - These inventions exist independently and do not rely on human creativity.
2. Diagrams, plans, rules and methods of performing mental activities, training of animals, implementation of games, business, methods of expressing information
- Examples: Teaching methods, business plans, chess rules. - These objects do not apply the laws of nature and cannot apply them to industrial production.
3. Computer Programs
- Examples: Windows operating system, Microsoft Office software.
- Computer programs are protected under the copyright mechanism.
4. The solution is only aesthetic
- Examples: Fashion design, interior decoration. - These solutions do not represent a technical function and are usually protected as industrial designs or under the copyrights.
5. Plant breeds, animal breeds and plant and animal production processes that are primarily biological in nature other than microbial processes
- Example: The process of breeding plant varieties, cloning clones.
- These objects are not protected in the name of inventions aimed at protecting social ethics and public order.
6. Methods of prevention, diagnosis and treatment of diseases for humans and animals
- Examples: Cancer treatments, surgical methods.
- Exclusive protection of patents for these methods will hinder access to new methods of prevention and treatment.
7. Inventions contrary to social ethics, public order or harmful to national defense and security
- Examples: Biological weapons, chemicals harmful to the environment.
- These inventions can meet the protection standards, but if they infringe on public order, social ethics, national defense, security and national sovereignty, they will also be refused protection.
If you have any questions about patent registration, please contact A Dong IP for the most detailed and complete advice.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
