Protection Conditions for Invention in Vietnam

The invention is a solution in form of a product or process to solve a problem by using natural rules. Vietnamese people are known for their intelligent, inquisitive, and hard-working characters. As a result, they have many great inventions. Annually in Vietnam, many inventions are published and put in use. In the current period, product imitation problems, as well as an invention, are becoming increasingly sophisticated and complex. Therefore, to monopolize certain inventions in the market, the owners should carry out invention protection registration procedures at a competent industrial property agency. However, not all inventions are protected by law, partly because the invention is not registered for invention protection and partly because some inventions do not meet the protection requirements.

Therefore, for interested customers to have the best invention protection conditions advice following current law, in this article, Viet An Law would like to advise customers on protection conditions for inventions.

An invention is an object of industrial property rights. According to the Law on Intellectual Property, inventions are protected if the following conditions are met:

• The invention has newness;
• The invention has a creative level;
• The invention is capable of industrial application.

Notices: In case the invention only meets two conditions: newness and be capable of industrial application, the invention shall not be granted an Invention Certificate but can be granted Monopolization Solution Certificate.

The newness of the invention:

An invention is considered newness if it has not been disclosed in form of use, description in writing, or any other form in the country or abroad before the date of submitting the application for invention registration or before the priority date in case the invention application is one of the cases having priority right.

According to the provisions of law, an invention is considered not to be publicly disclosed if only a limited number of people are known and obliged to keep the invention confidential. 

Besides, the Law on Intellectual Property also stipulates that an invention is not regarded as losing its newness if it is published in the following cases, provided that the invention registration application is submitted within 06 months from the date of publication:

• An invention is published by another person without the permission of the person having the right to register as prescribed in Article 86 of this law;
• An invention is published by the person having the right to register as prescribed in Article 86 of this law in the form of a scientific report;
• An invention is exhibited by the person having the right to register as prescribed in Article 86 of this law at a national exhibition of Vietnam or an official or officially recognized international exhibition.

Creative level of the invention:

An invention is considered as having a creative level if based on technical solutions that have been publicly disclosed in the form of use, description in writing, or any other form in the country or abroad before the submitting date or before the priority date of an invention registration application in the case that an invention registration application is entitled to priority; that invention shall be a creative level, which can not be easily created by someone with average knowledge in the respective technical field.

Capable of industrial application:

An invention is considered to be capable of industrial application if it is possible to manufacture quantities of products or to apply the process repeatedly, which is the content of the invention and stable results are obtained.

Notices: if an invention is one of the following cases, it shall not be protected:

• Is invention, scientific theory, mathematical method;
• Is diagram, plan, rule, and method for performing mental activities, training pets, making games, trading, computer programs;
• Is a way of presenting information;
• Is an aesthetic solution;
• Is a plan variety, animal breed;
• Is a plant and animal production process mainly biological;
• Is a method of prevention, diagnosis, and treatment of diseases for humans and animals.

Besides, the law on Intellectual Property also stipulates that only the following organizations and individuals have the right to register an invention:

• The author creates the invention by his/her own expense and effort;
• The organization, individual who invests funds and material means for the author in form of job assignment or hire unless otherwise agreed by the parties and such agreement must not be contrary to the provision of Clause 2 Article 86 the Law on Intellectual Property.        

The above is the advice of Viet An Law, customers with requests or questions about industrial property in general and inventions, in particular, can contact Viet An Law directly to have timely answers and use the best services.

Legal services are provided by Viet An Law in the invention field:

• Consult, search and evaluate the usability and register for the certificate in Vietnam and abroad;
• The unofficial and official search for invention information at the Intellectual Property office;
• Complete application for invention protection title (translate documents or documents describing the invention, claim protection, prepare a drawing, make a declaration, represent) for customers in submitting to request protection in Vietnam and abroad;
• Monitor the process of application at the Intellectual Property office and prepare documents;
• Represent for customers in the process and discuss with the Intellectual Property office;
• Discuss, provide information to customers;
• Consult and carry out the validity of the granted protection certificate services in Vietnam and abroad;
• Consult, evaluate the possibility of infringing protected invention rights;
• Evaluate the validity of invention protection certificate which is granted in Vietnam and abroad;
• Negotiate, draft, evaluate and register licensing contracts or transferring ownership contracts in Vietnam and abroad.