Legislative Implementation of Flexibilities - Viet Nam
| Title: | Articles 58 (2), 59 and 60 of the Law on Intellectual Property No. 50/2005/QH11 of 29/11/2005 |
| Field of IP: | Patents |
| Type of flexibility: | Utility models |
| Summary table: |  |
Provisions of Law
Article 58.- General conditions for inventions eligible for protection
1) An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
a/ Being novel;
b/ Involving an inventive step;
c/ Being susceptible of industrial application.
2) Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
a/ Being novel;
b/ Being susceptible of industrial application.
Article 59.- Subject matters not protected as inventions
The following subject matters shall not be protected as inventions:
1) Scientific discoveries or theories, mathematical methods;
2) Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
3) Presentations of information;
4) Solutions of aesthetical characteristics only;
5) Plant varieties, animal breeds;
6) Processes of plant or animal production which are principally of biological nature other than microbiological ones;
7) Human and animal disease prevention, diagnostic and treatment methods.
Article 60.- Novelty of inventions
1) An invention shall be considered novel if it has not yet been publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application.
2) An invention 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.
3) An invention shall not be considered having lost its novelty if it is published in the following cases, provided that the invention 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.