Novelty of patent registration in Vietnam

Besides inventive nature and industrial applicability, one of the conditions for granting patent registration certification is that the invention must be novel.

Criteria for novelty of patent registration in Vietnam

• An invention is considered novel if it has not been publicly disclosed in any way: use, written description or any other form in the domestic or international market. Up to before the submitting date of the patent application or before the priority date in the case of the patent application enjoying the right of priority.
• An invention is considered publicly undisclosed if only a limited number of people know about it and are obliged to keep it secret.
• An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the patent application is filed within six months from the date of publication:
  • The invention is published by another person without the permission of the person having the right to register the invention;
  • The invention is published by the right holder in the form of a scientific report;
  • The invention is displayed by the holder of the right of registration at a national exhibition of Vietnam or officially recognized international exhibition.

Limitations of the 2005 Intellectual Property Law related to the novelty when registering a patent in Vietnam

According to the 2005 Intellectual Property Law, patent applications filed in advance but not being published on or after the publication date of the latter are not considered part of the known technical condition in assessing the novelty of the later application. This provision does not guarantee an adequate and balanced objective between the rights of owners and the interests of the public, such as: the scope of technical status to assess the novelty of an invention has not taken into account the prior application, but has not yet been published on or after the publication date of the following application.

New provisions of the Law on Intellectual Property amended in 2022 on novelty of patent registration in Vietnam

In order to overcome the limitations of the 2005 law, the amended Intellectual Property Law of 2022 establishes two conditions for revealing the novelty of an invention as follows:

• Disclosure as a patent document
• Disclosure as a non-patent document, respectively, for the invention to be registered is considered novel.

Article 60.1 of the IP Law is amended and supplemented as follows: An invention is considered novel if it does not fall into one of the following cases:

• Publicly disclosed in the form of use, written description or any other form in the country or abroad before the filing date of the patent application or prior to the priority date in the case of the applicant have the right of priority;
• Disclosed in another patent application with an earlier filing or priority date but published on or after the filing or priority date of that patent application.

Procedures of patent registration in Vietnam

Step 1: Determine the type of patent to be protected

After finalizing the invention, the owner needs to determine the type of protection of the invention and perform the classification of the invention according to the International Patent Classification (IPC).

Step 2: Research patents

Patent search is intended to determine the feasibility when a registered invention is granted an exclusive protection because the patent registration period is quite long.

Step 3: Submit patent application

After searching and evaluating the patentability of the invention, the applicant submits an application for patent registration.

Step 4: Formality examination of the application

The time limit for formal examination of an invention registration application is 01 month from the date of filing the application.

Step 5: Publication of patent application

Patent/utility model applications are published within the nineteenth month from the priority or filing date. If the application does not have a priority date or within 2 months from the date of accepting the valid application, whichever is later;

Step 6: Substantive examination of the application

Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is filed before the date of publication of the application, or from the date of receipt of the request for substantive examination if the request is filed after application publication date.

Step 7: Pay the protection title fee

After receiving the notice of intention to grant a protection title, the applicant shall pay the granting fee.

Step 8: Granting Patent Protection Title

After the title fee is paid within two to three months from the date of payment of the fee for the grant of a protection title, the NOIP will issue a patent for an invention.

Step 9: Pay the annual patent maintenance fee

An invention patent is valid from the date of grant and lasts until the end of 20 years from the filing date/international filing date. The protection effect should be maintained every year.

Clients who have inquiries related to novelty of patent registration in Vietnam, or register a patent in Vietnam as well as abroad, please contact Viet An Law for the most professional support!