Statistics have shown that recent numbers of invention applications in the world in general and in Vietnam in particular gradually increased. This means patents and IP protection titles become more significant while the international market is turning into a knowledge-based market in which creativity rights of human beings play a significant role and are indicators of quality and characteristics of a product of an enterprise and a country to distinguish from those of other enterprises and countries, indicating that enterprises, research institutes and inventors to be aware of IP protection in the process of economic modernization and international integration.
Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.
Invention protection is relatively complicate and relates to different aspects such as research activities, civil law and the industry. The introduction of invention protection system will enable invention holders to use more effectively.
The Ordinance of industrial property protection revoked Certificate of Inventors for patent protection. Since then, patents and other industrial property subject matters are considered a property and an object of property right. This is reaffirmed in Civil Code 1995 and IP Law 2005. According to IP Law 2005, legal provisions on patent protection in Vietnam are almost in conformity with international standards provided in TRIPS Agreement.
General requirements for inventions eligible for protection
1. An invention shall be eligible for protection by granting of an Invention Patent if it meets the following conditions:
a) To be novel;
b) To involve an inventive step;
c) To be susceptible of industrial application.
2. Unless it is common knowledge an invention shall be eligible for protection by granting of a Utility solution Patent if it meets the following conditions:
a) To be novel;
b) To be susceptible of industrial application.
Subject matters not protected as inventions
The following subject matters shall not be protected as inventions:
1. Discoveries, scientific theories; mathematical methods;
2. Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
3. Presentations of information;
4. Solutions of aesthetic characteristics only;
5. Plant varieties, animal varieties;
6. Processes of essentially biological nature for the production of plants and animals other than microbiological processes;
7. Disease prevention, diagnostic and treatment methods for human or animals.
Required documents of patent application:
1. A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);
2. Documents, samples, information identifying the invention/utility solution claimed for protection as provided (e.g. a request, a description of the invention, an abstract, and other requirements for inventions in the field of biotechnologies, pharmaceuticals, generic resources and traditional knowledge);
3. Power of attorneys, if the application is filed through a representative;
4. Documents evidencing the right to registration, if acquired by the applicant from another person;
5. Documents evidencing the priority right, if claimed;
6. Receipt of fees and charges.
7. All documents of the application shall be in Vietnamese, except for some documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.