Novelty

An invention, or a Utility Solution is considered new if,

  • prior to the filing date or, where appropriate, the priority date of the patent application, the invention or utility solution was not described in the earlier domestic patent applications for in-vention and/or the earlier domestic patent applications for utility solution; and
  • the invention or utility solution has not been disclosed in Vietnam and/or abroad in such a way as to permit the realization of that invention or utility solution.

The disclosure of an invention or a utility solution such that it becomes part of the State-of-the-Art may take place in three ways, namely, (i) publications in tangible form, (ii) oral disclosure, and (iii) disclosure by use.

There is a grace period of six (6) months for excusing the disclosure which has been committed by the other(s) without the authorization of the person(s) having the right to file the patent application for invention or utility solution, or his predecessor in title.

Patent documents and information sources

  • Patents and pending applications for patent in Vietnam and abroad;
  • Abstract of Patent applications published in the Official Gazettes in Vietnam and abroad;
  • Non-patent documents: scientific and technical books, periodicals, films, tapes, CD-ROMs;
  • Mass media;
  • Scientific and technical reports, texts, lessons etc...;
  • Exhibitions.

Patent searches:

  • The patent examiners themselves conduct novelty searches, and if necessary, they can apply to the WIPO for state-of-the-art search services.
  • In general, a final search report is the combination of the search provided by the WIPO's services and the search conducted by examiner with the documents which are available at the NOIP.

Inventive step

Note - Utility Solution must not meet this criteria.

An invention is considered as involving an inventive step if,

  • it is the result of a creative work; and
  • having regard to the prior art relevant to the patent application claiming the invention, it would not have been obvious to a person having ordinary skill in the art.

Applicability

An invention or utility solution is considered applicable if it can be made or used under existing technological conditions or in future.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.