Exceptions for novelty of patent application in Vietnam

In Vietnam, as in many other jurisdictions, patent applications are subject to novelty requirements, meaning that the invention claimed in the application must be novel at the time of filing. However, there are certain exceptions or situations where a patent application may still be considered novel despite prior disclosure. These exceptions are intended to balance the interests of patent applicants with the public interest in promoting innovation and knowledge dissemination. Some common exceptions to novelty requirements in Vietnam include:

1. Grace Period

Vietnam provides a grace period for disclosures made by the inventor or their legal representatives within 12 months preceding the filing date of the patent application. This means that disclosures made by the inventor or their representatives within this grace period are not considered prior art and do not affect the novelty of the invention. This grace period allows inventors to test or disclose their inventions before filing a patent application without risking the novelty of their invention.

2. Priority Rights

Under the Paris Convention for the Protection of Industrial Property, of which Vietnam is a member, applicants who have filed an earlier patent application in a member country may claim priority for applications filed in Vietnam. The priority right allows the applicant to claim the filing date of the earlier application as the effective filing date for the application in Vietnam. This means that disclosures made between the filing date of the earlier application and the filing date of the Vietnam application are not considered prior art against the Vietnam application.

3. Non-prejudicial Disclosures

Certain disclosures that are not made available to the public or are made under conditions of confidentiality may not be considered prior art and may not affect the novelty of the invention. For example, disclosures made in the course of experimental trials, academic conferences with limited attendance, or under a non-disclosure agreement may fall under this exception.

4. Abandoned Applications:

If a patent application is abandoned or withdrawn before publication, any disclosures made in that application may not be considered prior art against subsequent applications.

It’s important for patent applicants in Vietnam to be aware of these exceptions to novelty requirements and to carefully consider the timing and circumstances of any disclosures related to their inventions. Additionally, consulting with a qualified patent attorney or agent can help navigate the complexities of novelty requirements and ensure compliance with local patent laws and regulations.

Anlis team.