Professional Documents
Culture Documents
Q&A:
Patent
Applicable
Novel Creative
to industry
it is possible
(Art. to realize
25.4.a - Decree mass manufacture or production of
16/2016/TT-BKHCN)
products or repeated application of the process that is the
(i) Information
subject mater of on thenatureand
the invention, of to the solution
achieve and
stable results
instructions on necessary technical conditions are
presented so clearly and adequately that any person
with average knowledge in the art can create, produce,
utilize, exploit or realize that solution.
(ii) the creation, production, utilization, exploitation or
realization of the above solution may be repeated with
the same result identical to the result stated in the
invention description
Industrial
applicatio The nature of the object or instructions for realization of the object
run counter to the basic scientific principles (for instance, non-
compliance with the conservation of energy law)
The object consists of elements or components which are not
technically interrelated or cannot be interlinked (through
connections, constraints, interdependence, etc.)
The object contains an inherent contradiction
Unsusceptible of
Business Method
Inventions, Scientific Theories
Computer Program
Moral rights:
To be named as authors in invention patents, utility
solution patents;
To be acknowledged as authors in documents in which
inventions are published or introduced.
Rights of the owners of the patent
To use or authorize others to use (Art.
124.1): a/ Manufacturing the protected
product;
b/ Applying the protected process;
c/ Exploiting utilities of the protected product or the product
manufactured under the protected process;
d/ Circulating, advertising, offering, stocking for circulation
the product mentioned at Point c of this Clause;
e/ Importing the product mentioned at Point c of this Clause.
Rights of the owners of the patent
To prevent others from using unless such use falls into the
cases:
a/ Using inventions in service of their personal needs or for non-
commercial purposes, or for purpose of evaluation, analysis,
research, teaching, testing, trial production or information
collection for carrying out procedures of application for licenses
for production, importation or circulation of products;
c/ Using inventions only for the purpose of maintaining the
operation of foreign means of transport in transit or temporarily
staying in the Vietnamese territory;
d/ Using inventions by persons with the prior use right
according to the provisions of Article 134 of this Law;
e/ Using inventions by persons authorized by competent state
agencies according to the provisions of Articles 145 and 146 of
this Law;
To dispose of.
Obligations of owners of the patent
Pay remunerations to authors of inventions (Art. 135)
Use inventions (Art. 136): to manufacture protected
products or apply protected processes to satisfy the
requirements of national defense, security, disease
prevention and treatment and nutrition for the people or to
meet other social urgent needs
Nếu chủ sở hữu sáng chế cơ bản không đáp ứng yêu cầu
chuyển giao quyền sử dụng của chủ sở hữu sáng chế phụ
thuộc mà không có lý do chính đáng thì?
Obligations of owners of the patent
Authorize the use of principal inventions for the purpose of
using dependent inventions (Art. 137)
Duration
Limitation upon prior use of inventions
Limitation upon behalf of the State
Limitation upon obligations to authorize the use of
principal inventions for the purpose of using dependent
inventions
3.6 Patent
3.6.7 Terms of protection
perceive,
visually
Being new;
Being creative;
Being susceptible of industrial application.
Novelty (Art. 65)
An industrial design shall be considered new if it
significantly differs from other industrial designs that are
already publicly disclosed through use or by means of
written descriptions or in any other form, inside or outside
the country, prior to the filing date or the priority date, as
applicable, of the industrial design registration application.
Khác biệt đáng kể với những KDCN đã bị bộc lộ công khai dưới
hình thức sử dụng, mô tả bằng văn bản hoặc bất kỳ hình thức nào
khác ở trong nước hoặc ở nước ngoài trước ngày nộp đơn hoặc
trước ngày ưu tiên trong trường hợp đơn đăng ký KDCN được
hưởng quyền ưu tiên
Novelty (Art. 65)
• Two industrial designs shall not be considered
significantly different from each other if they are only
different in appearance features which are not easily
noticeable and memorable and which cannot be used to
distinguish these industrial designs as whole.
• An industrial design shall be considered having not yet
been publicly disclosed if it is known to only a limited
number of persons who are obliged to keep it secret.
Novelty (Art. 65)
• An industrial design shall not be considered having lost
its novelty if it is published in the following cases,
provided that the industrial design registration
application is filed within 6 months from the date of
publication:
a/ It is published by another person without permission of
the person having the right to register it defined in Article
86 of this Law;
b/ It is published in the form of a scientific presentation by
the person having the right to register it defined in Article
86 of this Law;
c/ It is displayed at a national exhibition of Vietnam or at an
official or officially recognized international exhibition by
the person having the right to register it defined in Article
86 of this Law.
Creativity of industrial designs
(Art. 66)
it cannot be easily Person with average skill in
the art means a person who
created by a person with has ordinary technical
average knowledge in the practice skills and is
art. acquainted with publicly
available general knowledge
in the art.
(Art. 23.6.a- Decree
16/2016/TT-BKHCN)
Susceptibility of industrial
application of industrial designs
(Art. 67)
owners Q&A?
3.7 Industrial design
3.7.4 Authors and owners
Moral rights:
To be named as authors in industrial design patents;
To be acknowledged as authors in documents in which
industrial designs are published or introduced.
Rights of the owners of the industrial design
To use or authorize others to use (Art. 124.2):
To dispose of.
Obligations of owners of the industrial
design
Pay remunerations to authors of inventions (Art. 135)
The obligation to pay remuneration to the author of an
industrial design exists for the duration of the patent term.
3.6 Industrial design
3.6.6 Acts of infringement (Art. 126)
Duration
Limitation upon prior use of industrial design
Limitation upon behalf of the State
3.7 Industrial design
3.7.7 Terms of protection
Q&A:
3.9 Acts of unfair competition
The following acts shall be regarded as acts of unfair
competition:
a/ Using commercial indications to cause confusion as to
business entities, business activities or commercial origin of
goods or services;
b/ Using commercial indications to cause confusion as to the
origin, production method, utilities, quality, quantity or other
characteristics of goods or services; or as to the conditions for
provision of goods or services;
c/ Using marks protected in a country which is a contracting
party to a treaty to which the Socialist Republic of Vietnam is
also a contracting party and under which representatives or
agents of owners of such marks are prohibited from using
such marks, if users are representatives or agents of the mark
owners and such use is neither consented to by the mark
owners nor justified;
3.9 Acts of unfair competition
d/ Registering or possessing the right to use or using domain
names identical with, or confusingly similar to, protected
trade names or marks of others, or geographical indications
without having the right to use, for the purpose of possessing
domain names, benefiting from or prejudicing reputation and
popularity of respective marks, trade names or geographical
indications.