The protection of foreign inventions under Vietnamese Law

by QuynhHuong

When having a new invention, the author may wish to register for protection toward the work. However, the regulation on the protection of inventions in each country may appear to be different form the other; which may cause confusion to foreigners. Therefore, in this article, LSX will give information on the regulation on the protection of foreign inventions in Vietnam.

  • 2005 Intellectual Property Law

Definition of inventions

Accordingly, an invention is a technical solution in the form of a product or process that solves a defined problem by applying the laws of nature. In fact, inventions are subject to industrial property rights; and the protection will apply in case the inventions fulfill the requirements of the IP Law.

Conditions for the protection of inventions

Hence the regulation in IP law, the protection for the inventions may stay in the form of a patent; in case they fulfill the following conditions:

  • Having novelty
  • Having a creative level
  • Capable of industrial application

On the other hand, the protection for inventions may stay in the form of a utility solution patent; in case it is not common knowledge and meets the following conditions:

  • Having novelty
  • Capable of industrial application

Who has the right to register for the protection of inventions?

Basically, in Vietnam, the following organizations and individuals have the right to register for the protection of inventions:

  • Authors create inventions with their own efforts and expenses
  • Organizations and individuals invest funds and material means for the author in the form of job assignment or hiring; unless otherwise agreed by the parties and such agreement is not contrary to the provisions of law

In case of foreign inventions, the IP Law in Vietnam allows foreigners to register for a patent as it is with any other individuals. Yet, there may be a few differences in the procedure, but it does not affect their right to file an application for the protection.

Unprotectable cases

Thus the regulation in Article 59, IP law, the protection can not apply in the following cases:

  • Inventions, scientific theories, mathematical methods
  • Diagrams, plans, rules and methods for performing mental activities, training pets, playing games, doing business; Computer Programs
  • The manner in which information is presented
  • The solution is only aesthetic
  • Plant varieties, animal breeds
  • The production process of plants and animals is mainly biological in nature and is not a microbiological process

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

What is the time limit for the protection of inventions in Vietnam?

– For Invention Patents, the term of protection is 20 years from the date of filing (annual maintenance fee must be paid)
– For utility solution patents, the protection term is 10 years, from the date of application (an annual maintenance fee must be paid).

Who has the right to issue an invention patent?

Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.

How long does it take to receive the invention patent?

The time from the filing date to the date of receiving a reply agreeing to grant a patent is 31 months.

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