Conditions for inventions to be patentable in Vietnam

Hi DMS Law firm in Vietnam! Can you advise me about conditions for an invention eligible to be patentable in Vietnam ? 

Hi!

General conditions for inventions eligible for protection

An invention shall be protected by form of granting an invention patent when it satisfies the following conditions: having novelty; involving an inventive step; having industrial applicability.

An invention shall be protected by form of granting utility solution patent if it is not a common knowledge and satisfies the following conditions: having novelty; having industrial applicability.

Novelty of inventions

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.

An invention shall be considered having not yet been publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

An invention shall not be considered having lost its novelty if it is published  by the person who has the right to register it defined in Article 86 of this Law or other persons who have directly or indirectly obtained the information from the person having the right provided that the invention registration application is filed in Vietnam within 12 months from the date of publication.

Provisions in Clause 3 of this Article shall also apply to invention published in application for industrial property or industrial property protection certificate published by the state management agency in charge of industrial property in cases the publication is not conformable to regulations of law or the application was submitted by a person who did not have the right to register

Inventive step of inventions

 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.

Technical solutions disclosed in accordance with Clauses 3 and 4 Article 60 of this Law shall not be used as the bases for assessment inventive step of this invention.

Industrial applicability of invention

An invention shall be considered having industrial applicability if it is possible to realize mass manufacture or production of products or repeated application of the process that is the subject matter of the invention, and to achieve stable results (Articles 58, 60, 61 and 62 Law on Intellectual Property No. 07/VBHN-VPQH dated 25 June 2019).

Related topics:

Can foreigners register their works in Vietnam ?

Bases for establishment of industrial property rights in Vietnam

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General conditions for inventions to be patentable in Vietnam ?