Characters of invention

Characters of invention
March 14 01:54 2014 Print This Article

1. Novelty

– 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 in the following cases, provided that the invention registration application is filed within 6 months from the date of publication:

* It is published by another person without permission of the person having the right to register it

* It is published in the form of a scientific presentation by the person having the right to register it

* It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

2. creative

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.

3. susceptible of industrial

An invention shall be considered susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process that is the subject mater of the invention, and to achieve stable results.

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