Vietnam’s Circular 11: Determining acts infringing upon rights to inventions

According to Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, the identification of acts infringing upon rights to inventions must comply with Articles 5 and 8 of revised Decree No. 105/2006/NĐ-CP and the following guidance:

- A product/product part/process in question shall be regarded as identical or similar to a protected product/product part/process in a certain (independent and dependent) point of the protection request in an invention patent/utility solution patent if all basic technical specifications (features) stated in that point can be found in the product/product part/process in question in the identical or similar form, in which:

+ Two technical specifications (features) are regarded as identical if they have the same nature, utility and method of utilization and share the same connection with other specifications stated in the protection request;

+ Two technical specifications (features) are regarded as similar if they have similar or interchangeable natures and basically the same utility and method of utilization.

- If a product/product part/process in question does not contain at least one basic technical specification (feature) stated in a certain point of the protection request, it shall be regarded as neither identical nor similar to any product/product part/process protected under that point.

View more details at Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from August 11, 2015.

Thu Ba

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