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PATENT
Patent
for Invention
An
invention is a technical solution that is world - wide novelty,
involves an inventive step and is applicable to various social and
economic fields (Art. 782, the Civil Code)
Protection
title for an invention is the patent for invention, with the term
of validity beginning on the date of grant and expiring at the end
of 20 years counted from the official filing date.
Patent for Utility Solution
A
utility solution is a technical solution that is world - wide novelty
and is applicable to various social and economic fields (Art. 783,
The Civil Code).
Protection
title for utility solution is the patent for utility solution with
the term of validity beginning on the date of grant and expiring
at the end of 10 years counted from the official filing date.
Patent
for Industrial Design
An
industrial design is a product's shape which is formed by lines,
three-dimensional form, and colors or a combination thereof, and
which is world - wide novelty and is used as the pattern of industrial
or handicraft products (Art.784 The Civil Code).
Protection
title for an industrial design is the patent for industrial design
with the term of validity beginning on the date of grant and expiring
at the end of 5 years counted from the official filing date and
renewable for two consecutive terms of 5 years.
Right
of the creator of invention, Utility solution, industrial design
The
authors of invention, utility solution industrial design shall have
the following rights:
| - |
To have their names
acknowledged in the patents of invention, utility solutions
and industrial designs, and in other related scientific materials; |
| - |
To receive remuneration from other
persons, who use the patented invention, utility solution and
industrial design unless the owners and authors have agreed
otherwise; |
| - |
To demand the courts and the competent
state authorities to deal with violation against the patented
industrial property; |
| - |
To receive the awards granted
for the invention, utility solution and industrial design of
which they are the creators. |
Exclusions
from Patentability
According
to Article 4 of Decree 63/CP, the following objects shall not be
protected as Invention, Utility Solution:
| (a) |
Discoveries, scientific
theories; |
| (b) |
Systems, rules and methods for
doing business; |
| (c) |
Systems and methods for education,
teaching and training; |
| (d) |
Method for training animals; |
| (e) |
Linguistic systems, information
systems, classification systems and documentation compiling
systems; |
| (f) |
Designs and schemas for planning
of constructions, projects for planning; |
| (g) |
Solutions which serve solely to
obtain an ornamental or aesthetic result, but not technical
result; |
| (h) |
Symbols, time tables, rules and
regulations; |
| (i) |
Computer programs, layout-design
of integrated circuits, mathematical methods and the likes; |
| (j) |
Plant or animal varieties; |
| (k) |
Diagnostic, therapeutic and surgical
methods for the treatment of humans or animals; |
According
to Article 4 of Decree 63/CP, the following objects shall not be
protected as Industrial Design:
| (a) |
External shape of
products that is easily created by a person with ordinary skill
in the art; |
| (b) |
External shape of products dictated
merely by their technical or functional characters; |
| (c) |
External shape of civil or industrial
construction works; |
| (d) |
Shape of products that is invisible
in the process of normal utilization; and |
| (e) |
Designs dictated merely by aesthetic
consideration. |
"first
to file" principle
The
"first to file" principle is adopted in Vietnam for determining
priority for patent applications, according to which a patent will
be granted to the person who first files an application seeking
a patent. If several applications for the same invention, utility
solution or industrial design are filed on the same date or claim
the same priority date, then all applicants shall be required to
merge the applications into one application and only one patent
will be granted to all the applicants as co-owners if they so agree.
Otherwise, no patent will be granted.
If
two or more applications for both invention patents and utility
patents are filed for the same technical solution, with the same
priority conditions, then the NOIP will request the applicants to
select a single form of protection (invention patent or utility
solution patent) and merge the applicants in the similar manner
as above mentioned.
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