According to Clause 12, Article 4 of the Intellectual Property Law 2005 (amended and supplemented in 2022), an invention is a technical solution presented in the form of a product or process, designed to solve a specific problem through the application of natural laws.
An invention is eligible for protection when it meets the following three conditions on the Clause 1, Article 58 of the Intellectual Property Law 2005 (amended and supplemented in 2022).
- Novelty: The invention has not been publicly disclosed anywhere in the world.
- Inventive step: The invention must not be an obvious result for a person with average knowledge in the relevant field.
- Industrial applicability: The invention can be produced or used in industrial, agricultural, or other economic sectors.
There are two forms of patent protection:
- Invention Patent: Granted for inventions that fully meet the criteria of novelty, inventive step, and industrial applicability. The protection period is 20 years from the filing date.
- Utility Solution Patent: Granted for inventions that have novelty and industrial applicability but do not require a high level of inventiveness. The protection period is 10 years from the filing date.
The rights to an invention are established based on the decision to grant a protection title by the Intellectual Property Office. To obtain these rights, individuals or organizations must submit a patent application to the Intellectual Property Office of Vietnam.
See more at: Intellectual Property
