According to Clause 13, Article 4, Law on Intellectual Property of Vietnam
“Patent is a technical solution, in form of a product or a process, to resolve a specific problem by utilizing laws of nature.”
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Protection criteria of a patent?
Under Article 58, Law on Intellectual Property of Vietnam, a patent shall be eligible for protection by granting of an Invention Patent if it meets the following conditions:
(1) Being novel
(2) Being an inventive nature
(3) Being susceptible of industrial application.
The requirement of being novel and being of an inventive step shall be met in global scale
but not only in Vietnam. If the patent meets all requirements, it shall be granted for
Protection Title which has effect throughout territory of Vietnam.
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Unless the patent is common knowledge, it shall be protected in the form of the grant of a Utility solution Patent when it satisfies the following conditions:
(1) Being novel
(2) Being susceptible of industrial application
Subject matters not protected as a patents
According to Article 59, Law on Intellectual Property of Vietnam, the following subject matters shall not be protected as patents:
(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
