Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Patents
5.
Patent enforceability
5.1
What makes a patent unenforceable?
Vietnam

Answer ... A granted patent may be unenforceable if one of the following defences is successfully established:

  • invalidity;
  • exhaustion (first sale doctrine);
  • prior commercial use;
  • use in service of personal needs or for non-commercial purposes, or for the purposes of evaluation, analysis, research, teaching, testing, trial production or information collection to apply for a production licence;
  • temporary importation or circulation of products, or use in a foreign means of transport in transit through Vietnam; and
  • use under a compulsory licence.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.2
What are the inequitable conduct standards?
Vietnam

Answer ... Neither inequitable conduct nor an inequitable conduct standard exists under Vietnamese law.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.3
What duty of candour is required of the patent office?
Vietnam

Answer ... No duty of candour exists under Vietnamese law.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
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Topic
Patents