A patent is a right granted to the owner of an invention to prevent others from making, using, importing or selling the invention without the owner’s permission. A patent may be obtained for a product or a process that gives a new technical solution to a problem or a new method of doing things, the composition of a new product, or a technical improvement as to how certain objects work. Per Article 4.12 of Vietnam IP Law, invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Invention is one category of industrial property rights. Under Article 6.3 of Vietnam IP Law, industrial property rights to an invention shall be established on the basis of a decision of the competent State body to grant a protection title in accordance with the registration procedures stipulated in this Law or the recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member. To qualify for patent protection, products or processes must show ‘inventiveness’ (a new technical solution or improvement to a product or process), ‘novelty’ (it has not been previously published or disclosed to the public), and an ‘industrial applicability’
Definition
