Thus the regulation under Vietnamese Law, the validity of patent protection may vary in different cases. In fact, in many cases, the patent protection title will be invalidated following the IP Law. So, what are the cases of invalidation of patent protection in Vietnam?
- 2005 Intellectual Property Law
Definition of inventions, patent
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. Inventions are subject to industrial property rights; and the protection will apply in case the inventions fulfill the requirements of the IP Law.
The definition also applies to the case of foreign inventions. Because, in Vietnam, foreigners also have the right to register for a patent.
On the other hand, a patent is a document issued by a competent state agency to an organization or individual to establish industrial property rights for inventions.
Validity of patent protection
Basically, the patents are valid throughout the territory of Vietnam. Moreover, the patent is valid from the date of issuance; and lasts up to twenty years from the date of application. On contrary, the validity of a utility solution patent takes effect from the date of issue and lasts up to the end of ten years from the date of application. In order to maintain its validity, it is necessary to pay the maintenance following the IP law.
Cases of invalidation of patent protection
In case the protection titleholder does not pay the validity maintenance fee; the termination of the patent protection title will get on hold. The NOIP will record the invalidation of a protection title in the national register of industrial property and publish it in the Industrial Property Official Gazette.
Secondly, the holder of the diploma himself renounces the industrial property rights. The NOIP will decide to terminate a protection title from the date of receipt of the request for termination of the protection title from the date of receipt of the application owner’s statement.
Thirdly, the holder of the diploma no longer exists (the enterprise terminates its operation, the individual owner dies but has not yet inherited it to another person).
In case an individual or organization requests to terminate the validity of a protection title, it must pay state charges according to regulations.
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
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