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Term and scope of protection of exclusive patents is one of the important factors in protecting the rights of patent owners. The term of protection is specified in the Law on Intellectual Property and relevant documents. In this article, we will explain in detail the time and scope of exclusive patent protection according to Vietnamese law, along with consulting services for patent protection registration.
According to the provisions of Clause 12, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022, an invention is a technical solution in the form of a product or process to solve a specific problem by applying natural laws.
According to Article 58 of the Law on Intellectual Property 2005, amended and supplemented in 2022, inventions are only protected if they meet the following conditions:
Thus, for an invention to be protected under Vietnamese law, it must satisfy three basic conditions: novelty, inventive level and industrial applicability. These conditions ensure that the invention is not only legally valid but also has the potential for practical application, contributing to the promotion of economic and technological development in society.
According to Article 59 of the Law on Intellectual Property 2005, amended and supplemented in 2022, the following subjects are not protected as inventions:
The above subjects do not meet the conditions for patent protection, and therefore cannot be granted exclusive patents in Vietnam.
The exclusive patent protection period in Vietnam is specified in Clauses 1 and 2, Article 93 of the Law on Intellectual Property 2005 (amended and supplemented 2022). Specifically:
Long Phan provides comprehensive consulting services on registering for exclusive patent protection, including the following steps:
With clear and strict legal regulations on the term and scope of exclusive patent protection, patent protection registration is very important to ensure the rights of individuals and organizations that own inventions. mechanism. If you need advice and registration for exclusive patent protection, please contact Long Phan via the hotline 0906735386 for professional and effective support.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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