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Patent in vietnam

Compulsory licensing of inventions

In the following cases, the right to use an invention may be licensed to another organization or individual under a decision of the competent state agency without permission from the holder of exclusive right to use such invention[…]

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Right of prior use of inventions

Where a person has, before the publication date of an invention registration application, used or prepared necessary conditions for use of an invention identical with the protected invention stated in such registration application but created independently […]

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Provisional rights to inventions

Where an applicant for registration of an invention knows that such invention is being used by another person without prior use right for commercial purposes[…]

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Requirements on invention registration applications

Documents identifying an invention registered for protection in an invention registration application shall include a description of the invention and an abstract of the invention[…]

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Characters of invention

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[…]

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Subject matters are not protected as invention

Scientific discoveries or theories, mathematical methods[….]

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Use of an invention

Manufacturing the protected product[…]

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Obligation to use inventions

wners of inventions are obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defense, security, disease prevention and treatment and nutrition for the people or to meet other social urgent needs.

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Conditions for inventions eligible for protection

An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions[…]

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Invention and base for the emergence and establish of invention

An invention means a technical solution in form of a product or a process which is intended to solve a problem by application of laws of nature[…]

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