New changes on patents in the new Vietnam IP Law

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New changes on patents in the new Vietnam IP Law

There are many new changes on patents in the new Vietnam IP Law. In this article, we will list the most notable changes in patents.

Novelty requirement

The term “novelty,” which was loosely defined in the previous IP Law, is now explicitly defined in the 2022 IP Law of Vietnam. Article 60.1, for example, divides prior art into two types of disclosure: non-patent literature and patent documents, and an invention is considered novel if it does not fall into one of two categories:

  1. Being publicly disclosed inside or outside the country in the form of use, written description, or any other form prior to the filing date of the patent application, or prior to the priority date, as applicable.
  2. Being disclosed in another patent application with an earlier filing date or priority date, but being published on or after that patent application’s filing date or priority date.

Right to register for protection of an invention

The IP Law 2022 includes provisions granting organizations and individuals assigned to manage genetic resources the right to register an invention, providing genetic resources and traditional knowledge about genetic resources under contracts for accessing genetic resources and sharing benefits, unless the invention is the result of a scientific and technological task funded by the State budget.

Patent opposition

In addition to the third party’s written opinion, the new Vietnam IP Law adds a new mechanism allowing a third party to oppose a patent application. It is worth noting that, while the third party’s written opinion would only serve as a reference source for examining a patent application, the new mechanism that is currently being worked on by legislators appear to be allowing the third party to oppose a patent application as a separate new opposition procedure (not a reference source for the processing of a patent application).

The new mechanism allows any third party to file an opposition to a patent application within 9 months of the patent application’s publication date.

Confidential inventions

The previous Vietnam IP Law makes no mention of confidential inventions, including confidential utility solutions (secrecy of inventions or secret inventions), but only states that the limitation of rights to state secrets is implemented in accordance with Governmental Regulations. Secret inventions are those determined by a competent state agency to be a state secret in the field of national defense and security.

Now, for the first time, the new Vietnam IP Law establishes secret inventions as a separate provision, specifically in Article 4.12a. This Article defines a confidential invention as an invention that is determined by a competent state agency to be a state secret in accordance with the law on state secrecy protection. The Governmental Decree will govern the requirements for confidential patent registration dossiers and procedures.

*** Other Articles***

– You could visit here to see the Trademark Registration in Vietnam.

– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.

– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.

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