Circular 18: Which Technical Solutions Are Recognized as Innovations?

Recently, the Ministry of Science and Technology has issued Circular 18/2013/TT-BKHCN providing guidance on the implementation of certain provisions of the Charter on Innovations, which was promulgated under Decree 13/2012/ND-CP (hereinafter referred to as the “Charter on Innovations”).

According to the provisions of Article 3 of Circular 18/2013/TT-BKHCN, the subjects recognized as innovations include technical solutions, management solutions, operational solutions, or solutions for applying technical advancements that meet the conditions specified in Article 3 of the Regulations on Innovation promulgated under Decree 13/2012/ND-CP.

Subjects Recognized as Innovations, Circular 18/2013/TT-BKHCN

Illustrative image (source internet)

To be specific, technical solutions, management solutions, operational solutions, or solutions for applying technical advancements are understood as follows:

Firstly, a technical solution is a technical method or technical means aimed at solving a specific task (a problem), including:

- Products, in the forms of objects (e.g., tools, machinery, equipment, components); substances (e.g., materials, substances, food, pharmaceuticals, cosmetics); biological materials (e.g., microbial strains, biological products, genes, genetically modified plants and animals); or plant and animal varieties;- Processes (e.g., technological processes; diagnostic, forecasting, inspection, processing methods, farming techniques, cultivation; processes for diagnosing and treating diseases in humans, animals, and plants...).

Secondly, a management solution is a method of organizing and managing work in any field of activity, including:

- Methods for organizing work (e.g., arranging personnel, machinery, equipment, tools, raw materials, materials);- Methods for managing, inspecting, and supervising work.

Thirdly, an operational solution includes methods for performing technical and professional operations in any field of activity, including:

- Methods for performing administrative procedures (e.g., receiving, processing files, documents, letters);- Methods for appraising, assessing, consulting, evaluating;- Methods for propaganda, training, teaching, coaching;- Methods for training animals;...

Fourthly, a solution for applying technical advancements is a method, way, or measure to apply a known technical solution into practice.

In addition, Circular 18 also stipulates that a registered innovative solution is considered not to have been publicly disclosed within the facility (according to point b, clause 1, Article 4 of the Regulations on Innovation) if that solution has not been known and no other solution of another person identical to that solution has been described in any publicly accessible documents, books, technical materials within that facility, to such an extent that it can be immediately implemented.

More details can be found in Circular 18/2013/TT-BKHCN effective from September 25, 2013.

Thu Ba

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