Vietnamese patent application

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Release time:2016-05-13

NearIn 2010, Vietnam's economy developed rapidly, and its growth rate ranked second in Asia, second only to China. Many large multinational companies have established factories in Vietnam. However, most patent applicants around the world do not list it as a key strategic goal. In fact, apart from the factors of rapid economic development, due to the existence of a large number of hidden small and medium-sized imitation enterprises in Vietnam, it is equally important for patent applicants to pay attention to the protection of intellectual property rights in Vietnam.

At present, Vietnam's intellectual property legislation is mainly related to intellectual property in the 2005 Intellectual Property Law and the 2005 Civil Law. The above-mentioned law entered into force on 1 July 2006. Prior to this, intellectual property rights were mainly protected by the relevant provisions of the Vietnamese Civil Code. The National Intellectual Property Office of Vietnam (NOIP) is the administrative authority for intellectual property matters in Vietnam.

Vietnam is a member of several international conventions and treaties on intellectual property. Vietnam joined the Paris Convention in 1967 and became a member of the Patent Cooperation Treaty in 1970. With its recent accession to the WTO, Vietnam is gradually improving its domestic intellectual property system in order to fulfill its obligations to bring its domestic laws into line with TRIPS regulations.

 

patent protection

Currently, there are three types of patent protection in Vietnam: invention patents, utility patents (utility solution patent) and design patents.

(1) Article 782 of the Vietnamese Civil Code stipulates that a patent may be granted if an invention is novel, inventive and capable of industrial application. The term of protection is 20 years from the date of application;

(2) Article 783 of the Vietnamese Civil Code stipulates that a patent may be granted if a utility technology is novel and can be put into industrial application, and creativity is not a necessary condition for the authorization of a utility patent. The term of protection of a utility patent shall be 10 years from the date of application;

(3) The design may include lines, three-dimensional shapes and colors of the product, or any combination of the above. The design for which a patent is granted shall be novel and may be produced industrially or by hand. The term of protection is 5 years from the date of application and may be renewed 3 times for 5 years each time.

Patents for inventions and utilities shall not be granted:

(1) scientific discoveries and principles;

(2) business rules and methods;

(3) methods of education, teaching and training;

(4) the method of animal training;

(5) Language learning methods, information processing methods, classification methods and document editing methods;

(6) Architectural design planning and design projects;

(7) only adorned or beautified, no technical content of the design;

(8) Symbols, schedules, rules and regulations;

(9) Computer programs, integrated circuit layout design, mathematical methods;

(10) plant and animal species;

(11) diagnostic, therapeutic and surgical methods on humans or animals;

A design patent shall not be granted:

(1) the appearance of the product that is easy to be created by those skilled in the art;

(2) The shape of the product that represents only the technical or functional characteristics;

(3) the appearance of industrial and civil buildings;

(4) The shape of the product that is not visible during general use.

 

patent enforcement

Vietnam's patent enforcement system is constantly developing and improving. Both patent infringement litigation and patent invalidation can be filed directly with NOIP. In patent infringement litigation, the defendant generally uses patent invalidation as a defense.

In patent infringement litigation, the patentee can use a preliminary injunction (preliminary injunctions) to quickly stop the patent infringement. Once the infringement is found to be established, the patentee may obtain any of the following remedies:(1) a permanent injunction (permanent injunction);(2) damages and/or (3) the benefit of the infringement. At present, Vietnam has not established remedies for non-infringement declaration litigation (declarations as to non-infringement) and unreasonable threat litigation (groundless threats).

The new law also provides for the establishment of "patent infringement assessment experts". NOIP is responsible for the professional assessment and certification of candidates. The scope of the assessment covers intellectual property law, technical qualifications and vocational skills. In the event of a dispute in a patent infringement lawsuit, the NOIP or court will convene these experts to provide assistance in the evaluation of patent infringement.

Vietnam is constantly developing its patent protection and patent enforcement systems through the enactment of new IP laws and active participation in international cooperation.