What is the patent in Vietnam?

What is the patent in Vietnam?
October 06 12:04 2019 Print This Article

1. Definition
Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.
An invention shall be protected by mode of grant of invention patent or utility solution patent.

2. Technical solutions
Technical solution – the object protected under the name of an invention is a set of necessary and sufficient information on technical methods and/ or technical means (application of natural laws) which is intended to solve a mission (a problem).
Technical solutions may be in one of the following forms:
(i) Products in the form of objects, for example, tools, machines, equipment, components, circuits…, expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of structure, that product functions (utilizing) as a means to meet certain needs of human; or products in the form of substances (includingsimple substances, compounds and mixtures), for example materials, food, pharmaceuticals …, expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, functioning (utilizing) as a means to meet certain needs of human; or products in the form of biological materials, for example genes, genetically modified plants or animals …, represented by a collection of information about a product containing modified genetic information under human impact, capable of self-replicating;
(ii) Process or method (production process; diagnostic, predictive, test, process, etc.) is represented by a set of information that determines how to conduct a process, a specific job is characterized by signs (characteristics) of the sequence, participants, measures and means of performing operations to achieve a certain purpose.

3. General conditions for invention or utility solution eligible for protection
An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
– Being novel;
– Involving an inventive step;
– Being susceptible of industrial application.
Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
– Being novel;
– Being susceptible of industrial application.

 

4. The following subject matters shall not be protected as inventions
The following subject matters shall not be protected as inventions accordance with Article 59 of the Intellectual Property Law:
– Scientific discoveries or theories, mathematical methods;
– Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
– Presentations of information;
– Solutions of aesthetical characteristics only;
– Plant varieties, animal breeds;
– Processes of plant or animal production which are principally of biological nature other than microbiological ones;
– Human and animal disease prevention, diagnostic and treatment methods.

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