Application forms for carrying out procedures to purchase inventions or initiatives from August 16, 2023 in Vietnam

Application forms for carrying out procedures to purchase inventions or initiatives from August 16, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

The Minister of Science and Technology promulgated Circular 14/2023/TT-BKHCN dated June 30, 2023 on the application form for administrative procedures specified in Decree 76/2018/ND-CP guiding the Law on Technology Transfer

Application forms for carrying out procedures to purchase inventions or initiatives from August 16, 2023 in Vietnam

According to Clause 3, Article 3 of Circular 14/2023/TT-BKHCN, the application forms for implementation of procedures for purchasing inventions or initiatives are specified in Appendix 3 issued together with Circular 14/2023/TT-BKHCN, specifically as follows:

- Table No. BM III.1: Application for the State to purchase inventions or initiatives;

- Table No. BM III.2: Expression of effective application of inventions or initiatives in practice and the ability to expand the scope of application;

- Table No. BM III.3: Proposal of agencies or organizations on the necessity of purchasing inventions, initiatives and plans for management, exploitation, and transfer;

- Table No. BM III.4: Assessment sheet of application for purchase of inventions or initiatives;

- Table No. BM III.5: Minutes of meeting of Council to evaluate dossiers of application for purchase of inventions or initiatives;

- Table No. BM III.6: Written notice of results of evaluation of dossiers of application for purchase of inventions or initiatives;

Regulations on procedures for purchasing inventions or initiatives in Vietnam

Specifically, Article 22 of Decree 76/2018/ND-CP stipulates the procedures for purchasing inventions or initiativess as follows:

(1) The organizations or individuals who request the State to purchase inventions or initiatives shall send an application in person or by post to the competent authority (01 written application and 01 electronic application) The application shall consist of:

- An application form for requesting the State to purchase inventions or initiatives.

- A patent and a certificate of initiative.

- Documents proving the effective application of the inventions or initiatives in reality and the capacity to expand the applying scale.

- A recommendation document of the agencies or organizations on the necessity to purchase inventions or initiatives and a plan on managing, developing and transferring them.

(2) Evaluating applications from organizations or individuals before considering to purchase the inventions or initiatives:

- Validity, scope of protection, contents of measures of protected inventions; contents of initiatives recognized by competent authority.

- Actual application effects of inventions or initiatives; demand of the enterprises or publics; conditions and inventions’ or initiatives' capacity to expand application scale.

- The ability to apply inventions or initiatives to provide social benefits in production, provide products and public services; serve national defense and security; protect environment and people's health;

(3) Authority and procedures for considering and evaluating applications shall be carried out in accordance with clause 5, 6, Article 20 of Decree 76/2018/ND-CP.

(4) The responsibility to announce inventions or initiatives satisfying the conditions for making purchases shall be taken in accordance with clause 7, Article 20 of Decree 76/2018/ND-CP.

(5) The purchase of inventions shall be carried out in accordance with the law on purchases funded by the state and other relevant laws

(6) The Ministry of Science and Technology promulgates the forms for completing the procedures specified in Article 22 of Decree 76/2018/ND-CP.

Objects ineligible for protection as inventions in Vietnam

According to Article 59 of the Law on Intellectual Property 2005, the following objects shall be ineligible for protection as inventions:

- Scientific discoveries or theories, mathematical methods.

- Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.

- Presentations of information.

- Solutions of aesthetic characteristics only.

- Plant varieties, animal breeds.

- Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.

- Human and animal disease prevention methods, diagnostic and treatment methods.

More details can be found in Circular 14/2023/TT-BKHCN effective from August 16, 2023.

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