Patent registration in Viet Nam

In the current context, the economy is in strong transition, the knowledge economy is gradually being formed, and the protection of intellectual property right in general, and the protection of the patent, in particular, is more focused on. So, what is patent and patent registration? Why do we need to register the patent? What is the condition for patent registration? All of those questions will be answered by Apolo Lawyers in the following article. Our clients who have problems with patent registration in Viet Nam or any other legal problems, do not hesitate to contact Apolo Lawyers (Tel: (028) 66.701.709) to be supported.

A patent is one of the subjects that is intellectual property protected in accordance with the provisions of Vietnamese law.

1. What is a patent?

According to article 4.12 of Intellectual property Law, the patent means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

As we can see, first of all, the patent must be a technical solution, which means this patent shall contribute to handling some specified problems. Besides that, the form patent is a product or process which solved a problem by application of natural laws. For example, the discovery of antibiotics is not a patent, because of their availability in nature and it is not a solution for specific problems. However, if these antibiotics are used to make Penicillin for healing purposes, this type of medicine is patent.

2. Patent registration

Patent registration is an administrative process implemented at the Intellectual Property Office of Viet Nam including 4 steps: (1) evaluate patent registration conditions; (2) look up the possibility of patent registration; (3) file an application (4) get the final result for patent registration.

Patent ownership is only established by the registration procedure and in accordance with the scope of the protection defined in each patent in Viet Nam. After being granted the patent registration certificate by the Intellectual Property Office of Viet Nam, the owner of the patent is protected by the Law when third parties have any behaviors to infringe their patent rights.

3. The conditions for patent to be eligible for protection

A patent shall be eligible for protection in the form of the grant of a patent when it satisfies the following conditions:

3.1. It is novel

A patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

A patent shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

A patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

It is published by another person without permission from the person having the right to register it as defined in article 86 of Law on Intellectual Property;
It is published in the form of a scientific presentation by the person having the right to register it as defined in article 86 of Law on Intellectual Property;
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 as defined in article 86 of Law on Intellectual Property.

3.2. It is of an inventive nature

A patent shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Viet Nam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

3.3. It is susceptible of industrial application

A patent shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention and to achieve stable results.

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4. Object ineligible for protection as a patent

The following objects do not be eligible for protection as patents:

Scientific discoveries or theories, mathematical methods.
Schemes, plans, rules, and methods for performing mental acts, training domestic animals, playing games, and doing business; computer programs.
Presentations of information.
Solutions of aesthetic characteristics only.
Plant varieties, animal breeds.
Processes of plant or animal products that are principal of a biological nature, other than microbiological processes.
Human and animal disease prevention methods, diagnostic and treatment methods.

5. Legal service on patent registration at Apolo Lawyers

Registering the patent is not an easy procedure because of its complicated process. In order to save time, our clients can use the legal service on patent registration at Apolo Lawyers. With a team of high-professional and experienced lawyers in many fields, Apolo Lawyers is committed to providing you with the most optimal service fastly and efficiently. We will perform the following tasks for you:

Consult, research, and evaluate the possibility of use, and registration of protection for a patent in Viet Nam;
Complete the dossier for being granted a Patent protection certificate.
Prepare drawings, declarations, and representations for our clients in filing a patent application in Viet Nam;
Representing clients in the entire process of establishing rights and responding to correspondence with the NOIP about patent registration;
Exchange and provide information to customers in the process of patenting / utility solutions;
Consulting and performing services to maintain the validity of patents granted in Viet Nam.