Patent Concept

Patent types, right period and applicaiton requirement

Patent type Right period Application requirement
Invention 20 years Creation to take use of natural principle of technology thinking
Utility 10 years Creation on shape, structure or device to take use of natural principle of technology thinking
Design 10 years Creation on shape, color or combination of objects through visual appeal
(source : TIPO )


 

Examination method and period

Type Examination method Examination time
Invention Substantive examination 10-36 months
Utility Formal examination 4-6 months
Design Substantive examination 10-12 months



 

Who can apply the Patent？

According to Article 25 of the Patent Law, the patent application shall be submit by the patent applicant. In accordance with Article 5 of the Patent Law, in principle, an applicant is the inventor, creator or assignee or successor. The right of patent application shall be assigned; the rights of the inventor or the creator of the work done by the employee can follow rules in the Patent Law. If a patent application is filed by a person who does not have a right of application, the patent application may constitute a cause for revocation of the patent right.

Source: TIPO


 

Types of Patent according to our Patent law？

The types of patents vary from country to country. According to our patent law, the patent is divided into three types of inventions, utility and design.

Source: TIPO


 

What is Invention Patent？

According to Article 21 of Patent Law: “Invention is the creation to take use of natural principle of technology thinking” that means the invention is kind of technology thinking through natural principle and present on objects or method or the utility of object.

Source: TIPO


 

What is Utility Patent?

According to Article 93 of Patent Law: “Utility is the creation on shape, structure or device to take use of natural principle of technology thinking” that means Utility is kind of technology thinking through natural principle and present on shape, structure and device and can produce new function or effectiveness. If it is a technical method, shall not apply for utility patent protection

Source: TIPO


 

What is Design Patent?

According to Item 1 of Article 109 of Patent Law: “Design is the creation on shape, color or combination of objects through visual appeal” that meas design is to promote the feeling of texture, affinity, high-value sense through shapes, pattern, color or combination by visual and also enhance the merchandise competitiveness and visual comfort.

Source: TIPO


 

How to apply the patent if there are 2 or more applicants?

If there are co-owner of the patent, can be submitted by all co-owners. However, when two or more persons are involved in a patent-related proceeding, the procedures may be applied separately, except for withdrawal or rejection of the application, division of the application, alteration or provision of this Law. But there is a representative according to its agreement, follow the agreement. If there is no assigned patent attorney, one person shall be designated as the person to be served and not specified, and the first applicant shall be the respondent.

Source: TIPO


 

Shall apply patent at local if products will be export to abroad.

Patents are territorialism and must be applied locally before patent is protected.

Source: TIPO