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

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