PATENT
- Patent for Invention
- Patent for Utility Solution
- Patent for Industrial Design
- Right of the creator of invention, utility solution, industrial design
- Exclusions from Patentability
- “first to file” principle
An invention is a technical solution that is world – wide novelty, involves an inventive step and is applicable to various social and economic fields (Art. 782, the Civil Code)
Protection title for an invention is the patent for invention, with the term of validity beginning on the date of grant and expiring at the end of 20 years counted from the official filing date.
A utility solution is a technical solution that is world – wide novelty and is applicable to various social and economic fields (Art. 783, The Civil Code).
Protection title for utility solution is the patent for utility solution with the term of validity beginning on the date of grant and expiring at the end of 10 years counted from the official filing date.
An industrial design is a product’s shape which is formed by lines, three-dimensional form, and colors or a combination thereof, and which is world – wide novelty and is used as the pattern of industrial or handicraft products (Art.784 The Civil Code).
Protection title for an industrial design is the patent for industrial design with the term of validity beginning on the date of grant and expiring at the end of 5 years counted from the official filing date and renewable for two consecutive terms of 5 years.
Right of the creator of invention, Utility solution, industrial design
The authors of invention, utility solution industrial design shall have the following rights:
| – | To have their names acknowledged in the patents of invention, utility solutions and industrial designs, and in other related scientific materials; |
| – | To receive remuneration from other persons, who use the patented invention, utility solution and industrial design unless the owners and authors have agreed otherwise; |
| – | To demand the courts and the competent state authorities to deal with violation against the patented industrial property; |
| – | To receive the awards granted for the invention, utility solution and industrial design of which they are the creators. |
According to Article 4 of Decree 63/CP, the following objects shall not be protected as Invention, Utility Solution:
| (a) | Discoveries, scientific theories; |
| (b) | Systems, rules and methods for doing business; |
| (c) | Systems and methods for education, teaching and training; |
| (d) | Method for training animals; |
| (e) | Linguistic systems, information systems, classification systems and documentation compiling systems; |
| (f) | Designs and schemas for planning of constructions, projects for planning; |
| (g) | Solutions which serve solely to obtain an ornamental or aesthetic result, but not technical result; |
| (h) | Symbols, time tables, rules and regulations; |
| (i) | Computer programs, layout-design of integrated circuits, mathematical methods and the likes; |
| (j) | Plant or animal varieties; |
| (k) | Diagnostic, therapeutic and surgical methods for the treatment of humans or animals; |
According to Article 4 of Decree 63/CP, the following objects shall not be protected as Industrial Design:
| (a) | External shape of products that is easily created by a person with ordinary skill in the art; |
| (b) | External shape of products dictated merely by their technical or functional characters; |
| (c) | External shape of civil or industrial construction works; |
| (d) | Shape of products that is invisible in the process of normal utilization; and |
| (e) | Designs dictated merely by aesthetic consideration. |
The “first to file” principle is adopted in Vietnam for determining priority for patent applications, according to which a patent will be granted to the person who first files an application seeking a patent. If several applications for the same invention, utility solution or industrial design are filed on the same date or claim the same priority date, then all applicants shall be required to merge the applications into one application and only one patent will be granted to all the applicants as co-owners if they so agree. Otherwise, no patent will be granted.
If two or more applications for both invention patents and utility patents are filed for the same technical solution, with the same priority conditions, then the NOIP will request the applicants to select a single form of protection (invention patent or utility solution patent) and merge the applicants in the similar manner as above mentioned.