What is patent in Vietnam and what are subject matters protected as patent in Vietnam?

What is patent in Vietnam and what are subject matters protected as patent in Vietnam?

Before filing patent in Vietnam, the applicant should understand what is patent in Vietnam and what subject matters could be protected in Vietnam.

Subject matters protected as patent in Vietnam

In general, Vietnam allow protection for the following subject matters:

+ Process or method

+ Products

+ Formula, composition, chemical mixture

Subject matters not protected as patent in Vietnam 

What is patent in Vietnam and what are subject matters protected as patent in Vietnam?
What is patent in Vietnam and what are subject matters protected as patent in Vietnam?

+ Vietnam do not accept Swiss claim, namely use claim in which new use is claimed.

+ Scientific discoveries or theories, mathematical methods;

+ Processes of plant or animal production which are principally of biological nature other than microbiological ones;

+ Human and animal disease prevention, diagnostic and treatment methods;

+ Presentations of information;

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

+ Solutions of aesthetical characteristics only;

+ Plant varieties, animal breeds.

What is criteria for protecting Patent in Vietnam?

+ Condition of patent for invention:

a/ Being novel;

An invention shall be considered novel if it has not yet been publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application.

b/ Involving an inventive step;

An invention shall be considered involving an inventive step if, based on technical solutions already publicly disclosed through use or by means of a written description or any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the invention registration application, it constitutes an inventive progress and cannot be easily created by a person with average knowledge in the art.

c/ Being susceptible of industrial application

An invention shall be considered susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process that is the subject mater of the invention, and to achieve stable results.

+ Condition of patent for utility model or utility solution:

a/ Being novel;

b/ Being susceptible of industrial application.

You could see the difference between patent for invention and patent for utility model or utility solution here.

ASL LAW – The Vietnam IP Firm could help the patent owner to pay annuity fee of patent in Vietnam.

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