22 April

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Medical method inventions: What should be done to obtain patent protection in Vietnam?

In Vietnam, methods of preventing, diagnosing, and treating diseases in humans and animals, known as “excluded medical methods”, are not eligible for patent protection under Article 59.7 of the Vietnam Intellectual Property Law. This regulation, established based on humanitarian policies, aims to facilitate access to advanced medical services for all societal classes, thereby improving public health by removing patent ownership barriers. However, it poses significant challenges for patent owners seeking to protect intellectual property rights for their medical method inventions. So, what are the excluded medical methods? How to identify these methods? And are there any available solutions for protecting...

22 November

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Patent refusal in Vietnam: Reasons & Suggestions for Applicants

Posted by Ly Dinh

in Notable Articles, Patent

Download Filing a patent application is a significant step towards protecting your intellectual property. However, the journey doesn't end with submission; patent applicants often encounter substantive office actions, crucial points where the patent office reviews the application in detail. Understanding these office actions is vital for a successful patent approval process. In Vietnam, the Intellectual Property Office of Vietnam (IP VIETNAM) handles these proceedings. This article aims to shed light on substantive office actions for patent applications in Vietnam and offer insights on how to navigate through them effectively. 1. Substantive Examination Stage The substantive examination, as stipulated in Rule 15.6 of Circular...

15 September

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Patent Infringement in Vietnam: VIPRI’s Expert Analysis and Approach

Posted by Vu Thu Uyen

in Patent, Vietnam

Download The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. How does VIPRI reach an expert opinion that there is an infringing element to a patented invention? To reach an expert opinion that there is an infringing element to a patented invention, the Vietnam Intellectual Property Research Institute (VIPRI) typically employs a multi-step process. Here are some general steps that VIPRI may take: Reviewing the patent: VIPRI will...

12 June

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Co-owned Patent Disputes in Vietnam: What to Do?

Posted by Vu Thu Uyen

in Notable Articles, Patent, Vietnam

Download A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right...

07 June

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Provisional rights to patents and industrial designs in Vietnam – What you need to know?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Patent

Download Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well...

24 May

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How to cope with patent infringement allegations in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Our Practice, Patent

As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. ...

05 April

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ASPEC Programme – an avenue to expedite patent granting in Vietnam and other ASEAN countries

Posted by Vu Thu Uyen

in IP Practice, Patent, Vietnam

Download 1. What is ASEAN Patent Examination Co-operation (ASPEC) programme? The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results. Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued by...

29 March

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Patent invalidation in Vietnam: Key Considerations and Approaches

Posted by Ly Dinh

in Patent, Vietnam

Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows the...

10 March

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How to use US patents to expedite Cambodian patent examination: A step-by-step guide

Posted by Ly Dinh

in Cambodia, Patent

Download The process of patent examination can be complex, time-consuming, and often leads to unpredictable outcomes. In order to provide greater predictability and streamline the process, Cambodia has implemented programs to expedite the examination of patent applications. These programs are the result of bilateral agreements between Cambodia and foreign countries, including the latest agreement with the United States on October 23, 2020. Under this agreement, Cambodian patent applications can be accelerated by relying on US patents during examination. Similar agreements with China, Singapore, Korea, Japan, and Europe have also allowed foreign patent owners to efficiently extend their patent rights to Cambodia. This...

06 March

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Amending Patent Specifications In Vietnam – Best Practices for Applicants

Posted by Ly Dinh

in IP Practice, Patent

Download Even after a patent specification has been filed to the Intellectual Property Office of Vietnam (IP VIETNAM), it may be amended at the applicant's initiative (also known as voluntary amendment) or at IP VIETNAM's request. If an amendment or supplement to a patent application expands the scope of the subject matter disclosed or stated in the application or alters the nature of the claimed subject matter stated in the application, there is a risk that the patented product or process could be invalidated at the request of a third party. To mitigate such legal risks associated with patents, it is...