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Industrial applicability of a patent in Vietnam

Patent protection is a useful measure for individuals and organizations to protect their inventions, avoid competitors copying and using it arbitrarily. However, for an invention to be protected, it must also meet certain conditions, including the requirement of industrial applicability. So what is the Industrial applicability of a patent in Vietnam? Viet An Law will be presented in the following article.

Legal basis

  • Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.

Some concepts related to industrial applicability of a patent in Vietnam

What is an invention?

An invention is an innovative technical solution in the form of a product or process, created to solve a defined problem through the application of natural laws or scientific principles. This is a process of creativity and elaborate research, which is groundbreaking and brings many benefits to society.

What is the technical solution?

Technical solution – is the subject of patent protection, is a necessary and sufficient collection of information about technical methods and/or technical means (including application of natural laws) to solve a specific task or problem. This applies to innovative, novel and applicable patent solutions in industry and real life.

Some examples of inventions

Some famous inventions can be mentioned such as: Thomas Edison’s electric light bulb, Benjamin Franklin’s lightning rod, James Watt’s steam engine, Nobel’s TNT formula, Laennec’s medical headset…

Types of patent protection in Vietnam

According to the provisions of current intellectual property law, inventions can be protected in two forms: Patent for Invention and Patent for Utility Solution, specifically as follows:

  • Patents are granted for products or processes that have the creative nature, novelty, and have industrial applicability. This ensures that the patent holder will have the exclusive right to manufacture, use and market the product or process for a certain period of time, enabling them to derive economic benefits from the invention and continue to invest in research and development.
  • The utility solution patent is granted for products and solutions that are new, have world-class technical level and are applicable in socio-economic fields. This encourages innovation and improvement in technology and engineering, facilitating technology transfer and practical application of new solutions.

Distinguish between patent protection in the form of a invention patent and a utility solution patent

Criteria Invention patent Utility solution patent
Conditions of protection ·       Novelty;

·       Have a creative nature;

·       Industrial applicability.

·       Novelty;

·       Not a common sense;

·       Industrial applicability.

Protected object Product/Process Product/Solution
Protected time 20 years from the date of application 10 years from the date of application

Industrial applicability of a patent in Vietnam

Industrial applicability of a patent can simply be understood as the fact that an invention can be made or used in any industry, that is, the invention must be really useful in practice. It’s not just about theories or ideas.

From a legal perspective, according to the provisions of Article 62 of the Intellectual Property Law, an invention is considered capable of industrial application if it can be manufactured, mass-produced, or applied repeatedly. repetition of the process is the subject of the present invention and stable results are obtained.

Thus, we can understand that an invention meets the criteria of “industrial applicability” when it meets the following conditions:

  • Capability to perform production, mass production: The invention must be able to be realized and mass-manufactured the actual product or solution in the production process.
  • Or iterative applicability: The invention must be applicable to an iterative process, i.e. applicable in routine manufacturing and engineering processes.
  • Obtaining stable results: The invention must yield stable results in the performance of manufacture or production, independent of uncontrollable factors.

Meeting these criteria ensures that the invention has practical application and value in economic and industrial development. This regulation also encourages innovation and creativity in society, and helps protect the intellectual property rights of creators and encourages them to continue contributing to the development of society.

Some frequently asked questions regarding the invention and its industrial applicability

How is an invention different from an invention?

Invention and invention are two different concepts in the Intellectual Property Law, these two concepts can be distinguished based on the following criteria:

Criteria Invention Scientific discoveries
Nature Inventions do not exist in nature, but must be created through research activities. The invention is a technical solution that can be directly applied to production and life. The nature of scientific discoveries is that only in the field of natural sciences, invention helps to explain existing phenomena without novelty. At the same time, it cannot be directly applied to life or production, but it is necessary to go through technical solutions to apply it to production and life, bringing commercial value.
Protection form Exclusive protection of content in two forms:

·       Patent of invention.

·       Patent of utility solutions.

Scientific discoveries are subject to copyright protection, not content but only form.
Conditions of protection ·       Novelty (compared to the world).

·       Have a creative nature.

·       Capable of industrial application.

Satisfy the conditions on subject and type of protected work as prescribed in Articles 13 and 14 of the Intellectual Property Law.

What objects are not allowed to be protected in the name of invention?

Objects not protected in the name of invention include: inventions, scientific theories, mathematical methods; diagrams, plans, rules and methods of performing mental activities, training pets, performing games, doing business; Computer Programs; the manner in which information is presented; the solution is only aesthetic; plant varieties, animal breeds; the production process of plants and animals is mainly biological in nature and not a microbiological process; methods of prevention, diagnosis and cure of diseases in humans and animals.

How many years is an invention protected?

Depending on the form of patent protection, the term of protection will be different. According to the provisions of Clauses 2 and 3, Article 93 of the Intellectual Property Law, the validity of a protection title is prescribed as follows:

  • An invention patent is valid from the date of grant and lasts until the end of twenty (20) years from the filing date.
  • A utility solution patent is valid from the date of issue and lasts until the end of ten (10) years from the filing date.

If you need advice on Intellectual Property Law, trademark protection, patent protection, please contact Viet An Law Firm for the best support.

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