Requirements for applications for invention registration in Vietnam

Requirements for applications for invention registration in Vietnam (Internet image)

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

1. What is invention?

According to Clause 12, Article 4 of the Law on Intellectual Property 2005, amended in 2009, invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.

2. Requirements for applications for invention registration in Vietnam

Requirements for applications for invention registration in Vietnam are specified in Article 14 of Circular 23/2023/TT-BKHCN as follows:

(1) An invention registration application is made according to the provisions of Articles 100 and 102 of the Law on Intellectual Property 2005, Article 48 and Appendix I of Decree 65/2023/ND-CP and specific instructions in Article 14 of Circular 23/2023/TT-BKHCN.

(2) The application must ensure consistency as prescribed in Clauses 1 and 2, Article 101 of the Law on Intellectual Property 2005. An invention group has a close technical connection to implement a single common creative intention according to the provisions of Clause 2 of Article 101 of the Law on Intellectual Property 2005 if it falls into the following cases:

- One object is used to create (produce, manufacture, or prepare) another object;

- One object is used to implement the other object;

- One object is used to use the other object;

- Objects of the same type with the same function to ensure the same results are obtained.

(3) For inventions related to or involving biological materials that cannot be fully described or understood by a person with average knowledge in the field of biotechnology, as stipulated in Clause 2 of Article 102 of the Law on Intellectual Property 2005, the applicant may submit a deposit of biological material to assist in the examination process of the content of the invention application. The submission of a deposit of biological material must meet the following requirements:

- Samples of biological materials must be submitted to the agency competent to store biological materials no later than the date of filing an invention registration application related to that biological material;

- The competent authority for the deposit of biological material is an agency in Vietnam or a foreign country listed as an international depositary authority under the Budapest Treaty or recognized by the Ministry of Science and Technology for the function of depositing biological material in order to carry out procedures related to the invention.

- For biological material deposited at a foreign depositary authority, if it is considered necessary to clarify the nature of the subject matter to be protected or to meet the requirements of a third party for accessing that subject matter, the Intellectual Property Office may take the following actions:

(i) Require the applicant to deposit additional biological material samples at a competent custody agency in Vietnam in case the biological material sample is not deposited with an international depository authority.
under the Budapest Treaty;

(ii) Request the biological material depository agency to provide the sample in case the biological material sample is deposited with the international depositary authority under the Budapest Treaty.

(4) For invention applications directly derived from genetic resources or traditional knowledge, if the applicant does not submit accompanying documentation explaining the origin of the resources or traditional knowledge that the author of the invention or the applicant has accessed, as specified in point 1 of clause 1 of Article 100 of the Law on Intellectual Property 2005, due to the inability to determine the origin of the genetic resources or traditional knowledge, the applicant must explicitly state this and assume responsibility for the truthfulness of that statement.

(5) In case there is a basis (information, evidence) to doubt the authenticity of the information stated in the application or the information stated in the application is unclear, the National Office of Intellectual Property requests the applicant to submit documents to verify or clarify that information within 02 months from the date the National Office of Intellectual Property issues the notice.

The above-mentioned document can be a document confirming the legal right to register if the applicant benefits from another person's right to apply (documents proving inheritance rights according to civil law provisions, documents proving the transfer of application rights; job assignment contract or labor contract, etc.); documents showing the results of drug testing on human bodies, animals, or plants mentioned in the description (when the object requested for protection is a pharmaceutical product for humans, animals, or plants); etc.

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