FAQs

The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:

(i) Manufacturing products using a patented invention or utility solution;

(ii) Using, importing, advertising or circulating products that have been manufactured using a patented invention or utility solution; and

(iii) Applying patented process in Vietnam.

Patent rights as mentioned above are subject to certain limitations as mentioned below:

Prior Users’ Rights

An individual or entity that, prior to the publication date of the patent application, had used the invention, utility solution independently of the patentee, shall have the right to continue the use after the patent is granted. However, the prior user can not extend the scope or increase the volume of use compared with the use prior to the publication date of the application. Prior user’s right can not be transferred.

Compulsory License

The Ministry of Science and Technology (MOST) may grant a compulsory license in the following circumstances:

The patentee fails to use the patented invention, utility solution, or used but not compatible with the socio-economic development of Vietnam, without any justifiable reasons;

The person willing to use the invention, utility solution has tried by every means to negotiate with the patentee with a reasonable price to enter a license but failed;

The use of the patented invention, utility solution is to serve the demands of national defense and security, prevention and treatment of human disease or other urgent needs of the society.

The licensee of a compulsory license shall have to pay the patentee a certain amount of royalties as specified in the decision of granting compulsory license from the MOST.

Other Limitations

The following cases are also not covered by the patent rights:

The use is not for commercial purposes;

The circulation and use of the products that are sold or marketed by the patentee, his assignee or licensee or a prior user;

The use of the patented invention or utility solution on foreign means of transportation which are in transit or temporarily located in the territory of Vietnam and such use is only for the purpose of maintaining the operation of such means.

Under Vietnam regulation, an industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

An industrial design shall be protected in Vietnam when it satisfies the following conditions:

• Being new: An industrial design shall be considered new if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.

• Being creative: An industrial design shall be considered creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.

• Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.

The design application shall consist of the following documents:

a) A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);

b) Documents, samples, information identifying the design as provided for in Articles 103 of the IP Law 2005 of Viet Nam (e.g. a set of photos or a set of drawings and a description of the industrial design);

c) Power of attorneys, if the application is filed through a representative;

d) Documents evidencing the right to registration, if acquired by the applicant from another person (e.g.: Deed of Assignment);

e) Documents evidencing the priority right, if claimed (e.g. certified true copy of priority document and Deed of Assignment);

f) Receipt of fees and charges.

All documents of the application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but must be translated into Vietnamese at the request of National Office of Intellectual Property of Vietnam (NOIP).