Đăng ký cấp văn bằng bảo hộ sáng chế như thế nào. Sáng chế là một trong số các đối tượng của quyền sở hữu trí tuệ; là giải pháp kỹ thuật dưới dạng sản phẩm hoặc quy trình nhằm giải quyết một vấn đề xác định bằng việc ứng dụng các quy luật tự nhiên.
Quyền sở hữu sáng chế chỉ được xác lập khi thực hiện cấp văn bằng bảo hộ tại Cục sở hữu trí tuệ. Khi thực hiện thủ tục này, cần chú ý một số vấn đề sau:
Trước hết đó là thời điểm thực hiện thủ tục. Trong thực tiễn nhiều tổ chức, cá nhân rơi vào tính trạng sáng chế do mình tự sáng tạo ra, đã đưa vào sử dụng nhưng khi đăng ký cấp văn bằng bảo hộ thì lại không được chấp nhận, điều này đã gây thắc mắc và khó hiểu cho không ít các tổ chức, cá nhân. Việc từ chối cấp văn bằng trong trường hợp này là hoàn toàn phù hợp với quy định của pháp luật mà cụ thể là quy định về “tính mới” được coi là một trong những điều kiện quan trọng để sáng chế được cấp văn bằng bảo hộ. Theo đó, khi một sáng chế được sáng tạo ra nhưng đã đưa vào sử dụng hoặc bằng một hình thức nào đó mà công chúng tiếp cận được với sáng chế thì sáng chế sẽ bị coi là mất tính mới và không còn khả năng được cấp văn bằng bảo hộ. Vì vậy, các tổ chức cá nhân ngay khi sáng tạo ra một sáng chế thì nên thực hiện ngay thủ tục đăng ký cấp văn bằng bảo hộ trước khi công bố với công chúng.
Thứ hai là về loại văn bằng yêu cầu cấp. Đối với sáng chế, tùy theo loại điều kiện có thể đáp ứng, sáng chế được cấp bằng độc quyền sáng chế nếu đáp ứng đủ ba điều kiện: có tinh mới, có trình độ sáng tạo, có khả năng áp dụng công nghiệp; sáng chế được cấp bằng độc quyền giải pháp hữu ích khi đáp ứng đủ hai điều kiện là: có tính mới và có khả năng áp dụng công nghiệp. Hai loại văn bằng bảo hộ này có những điểm khác nhau nhất định vì vậy nộp đơn yêu cầu cấp văn bằng bảo hộ cho sáng chế của mình, các tổ chức, cá nhân cần lựa chọn được loại văn bằng bảo hộ thích hợp.
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