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Objects not protected as a patent in Vietnam

The protection of intellectual property rights is getting more and more attention, besides, the current law is also improving the mechanisms to protect the creativity and intellectual products of people. . However, besides that, there are still many cases where individuals and organizations do not fully understand the regulations on protection but still apply for patents and most of them are not approved for protection. One of the reasons for that is that the subject matter these subjects registered is not protected as an invention. So what objects are not protected as inventions? To answer your questions, Viet An Law Firm has published an article about the Objects not protected as a patent in Vietnam.

Legal basis

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

What is an patent?

Pursuant to Clause 12, Article 4 of the Law on Intellectual Property 2005 as amended and supplemented in 2009, 2019, and 2022, it is stipulated that an invention is a technical solution in the form of a product or process aimed at solving a specific problem by applying the laws of nature.

An invention is one of the subjects protected by intellectual property rights in Vietnam according to the provisions of the Intellectual Property Law and other relevant legal documents.

Patent registration is the work where the owner carries out the legal process necessary to prove himself as the legal and exclusive owner of that invention. After patent registration is completed and a patent is granted by the National Office of Intellectual Property, the owner and inventor of the invention will be granted a patent for invention and will be protected by law when there is any infringement of patent rights.

Conditions to be protected in the name of an invention

According to Article 58 of the Intellectual Property Law, in order to be protected as an invention, it must satisfy all three conditions as follows:

  • Inventions are novel.
  • The creative nature of the invention.
  • The industrial applicability.

Which object is not protected as an invention?

Like the laws of other countries in the world, the Vietnamese law also has objects that are not protected in the name of inventions. Accordingly, in Article 59 of the Intellectual Property Law, it is stated that the objects that are not protected by invention include:

Inventions, scientific theories, mathematical methods

Inventions, scientific theories, and mathematical methods with scientific origin are natural, they exist independently and do not rely on human creativity. Accordingly, humans only have the role of discovering those inventions and theories, not creating it.

Inventions cannot be directly applied to life, but are only a means for people to rely on to create products and solutions to meet the needs of life. Inventions may decline and perish with the advancement of science, technology and techniques, while inventions always exist and go hand in hand with human history.

Therefore, the Law on Intellectual Property of Vietnam does not protect inventions in the name of inventions.

Diagrams, plans, rules, methods of performing mental activities, training pets, playing games, doing business or presenting information

These are objects of thinking nature, the result of inference, evaluation, analysis or through personal observation and memory, not technical solutions, often do not apply laws of nature, so it is not possible to apply them to industrial production in practice. Therefore, these objects do not meet the conditions for patent protection, but will be protected under the provisions of copyright in the form of works.

Computer programs

Pursuant to Clause 1, Article 22 of the Law on Intellectual Property of Vietnam, a computer program is a collection of instructions expressed in the form of commands, codes or any other form. A computer program can be expressed in many different languages, similar to a literary work that can be read and expressed in written form. Therefore, computer programs will not be protected as inventions but under the copyright mechanism.

The solution is only aesthetic

These solutions though are used for industrial purposes by attaching it to mass-produced products. But if it is purely aesthetic but does not show the technical function, it will not be protected as an invention, but will usually be protected as an industrial design or protected under the copyright mechanism.

Plant varieties, animal breeds and production processes of plants and animals are mainly biological in nature, not microbiological processes.

The fact that these objects are not protected in the name of invention comes from the protection of social morality and public order, such as the human cloning process or the genetic modification process. Regulation of the characteristics of animals can cause them pain without providing any benefit to humans or animals and even the animals produced by such procedures. On the other hand, these are objects with distinct characteristics and it takes a lot of time and money to create these objects, so they will not be protected as inventions.

Methods of prevention, diagnosis and treatment of diseases in humans and animals

Patent protection for these methods will prevent access to new methods of disease prevention and treatment for humans and animals. Therefore, the exclusive exclusion and commercialization of these methods ensure access to the best methods of care and cure for people. Besides, applying these methods to each specific object will not achieve the same effect. Therefore, these methods do not meet the industrial applicability condition to be protected as patents.

In addition, according to Clause 1, Article 8 of the Intellectual Property Law, inventions are contrary to social ethics, public order or harmful to national defense and security. Although in these cases, the products claimed for protection may fully meet the protection standards, but if it is considered that these regulations are infringing on public order and social morality, life and health of humans as well as other living things, which directly threaten national defense, security and sovereignty, the National Office of Intellectual Property of Vietnam will also refuse to protect these products with the name means invention.

Above is an article about objects not protected as a patent in Vietnam. If you have any questions about the above issues or need to register for patent protection, please contact Viet An Law Firm for the best support!

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