Conditions of protection for inventions under Vietnamese Law

by QuynhHuong

Hence the provision of Intellectual Property Law; an invention is a technical solution in the form of a product or process that solves a specified problem by applying natural laws. In case of invention’s legal protection, the invention must fulfill the requirements of Law. So, what are the conditions of protection for inventions under Vietnamese Law? Let’s find out in this article.

  • 2005 Intellectual Property Law

Novelty of the inventions

Firstly, if the owners wish to protect their inventions legally, the invention must be original, dewy. In fact, an invention is novel if it has not been publicly disclosed in the form of use, written description; or any other form in the country or abroad before the date of filing the patent application; or before the priority date in case the patent application enjoys the right of priority.

Accordingly, an invention is confidential if only a limited number of people know about it and keep it secret. Moreover, an invention shall not lose its novelty if the publication falls into the following cases; provided that the applicant submit the patent application within six months from the date of publication:

  • The publication done by anyone that does not have the permission or the right of registration
  • The intention to publicied is to serve the science field, under the form of scientific report
  • The invention appear at a national exhibition of Vietnam or at an official or officially recognized international exhibition.

Creativity of inventions

Secondly, the invention must surpass the standard of creativeness. Basically, an invention is inventive if based on technical solutions, which cannot replicate easily; especially by any person with average knowledge. The publication of the invention must be in the form of use, written description, or in any other form in the country or abroad before the filing date; or before the priority date of the patent application in case the patent application enjoys priority.

Industrial applicability of inventions

Correspondingly, an invention is considered to have industrial application if it is possible to realize the manufacture, mass production of products; otherwise repeated application of the process that is the subject matter of the invention. of the invention and obtained stable results.

Above are the conditions of protection for inventions in Vietnam. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

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Who has the right to register invention?

The intellectual property law stipulates that only the following organizations and individuals have the right to register inventions:
– Firstly, authors create inventions with their own efforts and expenses.
– Secondly, organizations and individuals invest funds and material means for the author in the form of assigning jobs, hiring jobs.

Which is the competent state agency in case of invention registration?

Accordingly, the department of Intellectual Property – Ministry of Science and Technology is responsible for the issue.

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