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  • FAQs for patents

    What are the general requirements for a patent application in Vietnam?
    Wed, 10:55 09/09/2015.

    The general requirements for a patent application in Vietnam are as follows:

     

    - An application must specify whether the object to be protected is a product or process as stipulated in article 4.12 of the Law on Intellectual Property. 

     

    - An application must ensure uniformity as stipulated in clauses 1 and 2 of article 101 of the Law on Intellectual Property. An application shall be deemed to satisfy this requirement when it:

     

    (a) Requests protection of a single object; or

     

    (b) Requests protection of a group of objects which are related technically, expressing a single common creative intention and falling within the following circumstances:

     

    (i) One object is used in order to create (to produce, manufacture or compound) another object;

     

    (ii) One object is used in order to implement another object;

     

    (iii) One object is used in order to use another object;

     

    (iv) Objects all belong to the same pattern with the same function in order to ensure the same result is achieved.

     

    - If there are grounds (information or evidence) for doubting the reliability of information in the application, the National Office of Industrial Property may require the applicant to file, within one month of the date of such requirement, documents verifying such information and, in particular, documents verifying the lawful right to register if the applicant has received the right to file the application from another person (certificate of right of inheritance, certificate or agreement of transfer of right to file the application; contract for work assignment or labour agreement and so forth); and results of testing of pharmaceuticals listed in the Descriptive section on the human body, animals or plants (when the object to be protected is a pharmaceutical product used for humans, animals or plants). 

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