Example of the Patent for Invention not eligible for Patent Protection in Vietnam

Nội dung bài viết

Scenario:

An individual submits a patent application to the Intellectual Property Office of Vietnam (NOIP) for a new algorithm to rapidly compute prime numbers.

Reason for Rejection:

According to Article 59 of the Intellectual Property Law of Vietnam, certain subjects are not eligible for patent protection, including:

  • Discoveries, scientific theories, and mathematical methods.

In this case, the prime number computation algorithm is classified purely as a mathematical method without any specific technical application in industry or manufacturing. Therefore, it does not meet the criteria for patent protection in Vietnam.

Outcome:

The Intellectual Property Office will reject the patent application, as the invention falls into a non-patentable category.

Possible Solution:

To be considered for patent protection, the applicant could integrate the algorithm into a specific technical system, such as:

  • A data processing optimization software for artificial intelligence.
  • A hardware device designed to perform high-speed calculations using the algorithm.

By embedding the algorithm into a practical system or device, the invention might qualify for protection as a technical solution rather than a pure mathematical method.

See more at: Intellectual Property

CONTACT US

Contact us for 24/7 consulting support

    Related Posts

    Criminal lawyers for Foreigners

    In the context of increasingly deep international integration, the number of foreigners living, working and investing in Vietnam is increasing. However, when encountering legal issues

    Read More