PATENT PROTECTION UNDER THE VIET NAM LAW AND THE ROLE OF PATENT FOR STARTUPS

Abstract

In this article, the authors mention an effective tool that is considered indispensable to successful startups: invention. By analyzing and evaluating some startup models, the article highlights the relationship between businesses in the digital economy and startups, particularly with protecting intellectual property rights: intelligence, especially invention. In addition, the article also analyzes and clarifies the patent protection process in Vietnam based on examining and evaluating the legal provisions on intellectual property as well as some related regulations according to international practices. The article will help start-ups understand protecting their patents in Vietnam and offer effective protection solutions for successful startups.

Keywords: Startup, Startup business, Patents, Intellectual Property, Intellectual Property Assets

1. Introduction

As US President Abraham Lincoln once said, “The US patent system adds the fuel of interest to the fire of genius in the discovery and production of new and useful things.” In recent years, technology businesses based on start-ups enter the market and play a massive role in economic development, including developed and developing countries. The start-up is a term that refers to technology companies in the general startup stage, serving as a critical driver of growth, offering employment opportunities, and catalyzing the innovation economy[1]. In Vietnam, small and medium enterprises (SMEs) account for more than 97% of the economic structure[2], operating in almost all sectors of the economy to meet the diverse and abundant needs of local and abroad consumers. Thereby, it also shows the fierce competition among SMEs. Therefore, to attract consumers and investors, SMEs need to have unique products or ways to make their products different to attract potential customers to develop. Accordingly, intellectual property assets are among the essential assets that the businesses own not only for SMEs but also for large corporations to attract customers, investors and determine the success of your business. Patents certificates can help enterprises exploit a specific technology exclusively, thereby creating a difference in their products and services, making it easier for businesses to attract potential investors and investors and prevent competitors from using their technology is one of the ways to secure their position in the market. Startups like Apple, Alibaba, Grab have been successful and growing thanks to the fact that they have effectively protected and managed their intellectual properties. Accordingly, Apple has a clear strategy to protect its intellectual property when protecting certain features of its iPhones and other products with patents, copyrights to protect the companies’ software programs of the iOS operating system, and the Apple device trademark. Through that, we can see that this is a wise and effective policy in protecting and exploiting the intellectual property of enterprises.

Although the importance of intellectual property protection in general and patents in particular for successful startups is undeniable. However, not all startups are serious about protecting their intellectual property. But are often ignorant and not focus on developing and protecting their intellectual property, especially patents, which cause loss of assets and delays in protecting their intellectual property rights, along with getting entangled in lawsuits due to infringing the intellectual property rights of others. In addition, startups often have difficulty identifying and classifying intellectual property types and determining which intellectual property should be disclosed and registered and which should be kept confidential. Even SMEs that see what needs to be done is often unwilling to access intellectual property information and guidance from a business perspective[3]. In most countries, especially developing countries and countries in transition to an economic market, the vast majority of SMEs consultants are in the private sector or support SMEs that are not fully equipped to assist SMEs with their intellectual property needs and concerns.

Accordingly, through this article, based on analysis and evaluation, the article will provide an overview of patent protection in Vietnam through establishing rights, interests, and essential roles of intellectual property in general and inventions in particular in the development of enterprises, especially start-ups.

2. Research overview, theoretical basis, and research methods

2.1. Research overview

The terms related to industrial property rights, patents, and patent protection were first uniformly defined in the Paris Convention 1888 but limited the number of countries applied. Until 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) became a multilateral agreement constituting the minimum condition for acceding to the World Trade Organization. The terms were newly developed and popularized. After the TRIPs agreement, patent protection at the national and international level has become the subject of many diplomatic and professional negotiations. Many articles on the provisions related to the security of patents at various levels and the compatibility of national laws with international treaties or commitments in free trade agreements are focused on development. Among them are some notable researches such as The protection of Geographical In the TRIPs Agreement by Albrecht, Intellectual property policy and procedures of AFBI Innovations, Intellectual property and the US economy by Michell K. Lee, WIPO intellectual property handbook of the World Intellectual Property Organization (WIPO), Managing intellectual property in the book publishing industry of WIPO, Geographical indications and trademarks – the road from Doha by Burkhart, etc. However, these works mainly guide the terminology generally, basic intellectual property terms in the TRIPs agreement and the WIPO mechanisms, or the compatibility of the laws of some countries with those provisions, or only mentioning the commercial element and the importance of the protection of industrial property rights objects in general and patents in particular, not to mention the importance of patent protection for the success of start-ups.

2.2. Theoretical basis and analytical framework

The topic applies the guiding viewpoints of the Party and State regarding the protection of intellectual property rights in general and the protection of inventions in particular in the period of international economic integration and development of the knowledge economy, encourage innovation as well as the national program of entrepreneurship[4] (1) as the central theoretical basis for the research process.

The project is expected to analyze two main contents in the order of first and last, including the role of inventions in start-ups; Patent protection under Vietnamese law.

2.3. Research methods

In this study, the author uses the following research methods:

Doctrine Research: This method clarifies some legal and theoretical issues about patents and patent protection.

Comparative research: this method clarifies the similarities and differences between Vietnamese law and international law and the laws of some countries on patents and patent protection.

3. The role of patents in start-ups and patent protection under Vietnamese law

3.1. The role of patents for startups

Patents are intellectual property that plays an essential role in developing enterprises in particular and the country’s economic development in general. However, as mentioned above, the difficulty in establishing the rights to IP assets of start-ups mainly comes from the awareness and the approach methods to the types of intellectual property. Accordingly, there are many cases where start-up founders register when they do not establish themselves as the business’s property, but in the form of an individual as the owner or only one person’s name on the application and registration certificate. When there is a dispute or a separation of businesses, it is challenging for start-ups to keep their inventions. Or in cases, the start-up business accidentally revealed the novelty of the invention and missed the grace period of the invention because of missing information on the provisions of the law, and did not receive timely legal advice. Aware of that, legislators and specialized agencies, localities, and the National Office of Intellectual Property regularly open seminars on intellectual property to raise awareness of intellectual property protection as well as advice on what kind of intellectual property should be protected by businesses, especially start-ups. In addition, to create favorable conditions for businesses to register to establish rights to intellectual property, especially inventions, the Intellectual Property Office of Vietnam also supports applicants on how to file applications, classify patents, classify the list of products and services, etc.

Accordingly, the part of patents in the economy and the advancement of science and technology is vast, which can promote economic growth, national competitiveness, create a lot of value for society, reduce operating costs, exclusivity factor and bring the following benefits:

First, it meets the material and spiritual needs of society. Innovating, improving products, services, and processes helps businesses develop and meet society’s increasing demands, helping to solve problems of shortage of qualified personnel subjects and high administrative costs.

Second, encourage enterprises to innovate to improve the value of their products/services. Speaking at the Techfest 2018 National Innovation and Entrepreneurship Day in Da Nang, Prime Minister Nguyen Xuan Phuc emphasized that there is no such thing as an endless and eternal resource like creativity. And if you start a business in the spirit of the invention, success will come[5]. To support start-ups, the government, in collaboration with ministries and local authorities, is committed to protecting intellectual property rights, initiatives, and start-up ideas at the highest level, as these are precious assets of entrepreneurs. Innovation will help businesses reduce operating costs, improve product/service quality, and improve their competitiveness compared to other competitors.

Third, it is a legal tool to protect and manage the assets of the enterprise effectively. There have been many cases where enterprises did not register to establish rights to protected objects as industrial property in general and patents in particular. This has made it difficult for startups to prove that they are the legal owner of patents or any other industrial property when having a dispute over intellectual property rights or have intellectual property rights infringement of that enterprise. Therefore, intellectual property registration is the most effective and least expensive legal tool to protect enterprises, especially SMEs. In addition, setting rights to intellectual property assets will help enterprises to improve.

Fourth, this is a tool to promote, build and develop the business’s brand to increase the value. Patents can be considered the most valuable assets of start-ups, helping them create a compelling competitive advantage over other companies. In addition, along with patents, trademarks, and different types of industrial property objects, all are high-value intangible assets that can be used to contribute capital for investment, business cooperation: mortgage, and transfer rights to another party. Therefore, if used, exploited, and managed effectively, these intangible assets are the primary tools to help businesses promote, build, and make their brands and businesses more popular with consumers, expanding their market share.

3.2 Patent protection under Vietnamese Law

Patents are technical solutions in a product or process intended to solve a problem by applying natural laws[6]. In other words, patents are artificial technical solutions that are novel to solve a technical problem and susceptible to industrial application. Regarding the grounds for arising and establishing rights, Article 6, Intellectual Property law stipulates that the grounds for emerging and establishing intellectual property rights in general and patents particularly represent the inheritance of the provisions of the Civil Code 2005. Accordingly, a patent must go through the registration procedure to establish rights at the National Office of Intellectual Property to be protected. Patents protected only by the State, which will be granted a patent certificate from which the right holder can exploit the patent and, on their behalf, resolve disputes and infringements related to intellectual property rights.

Similar to other countries in the world, Vietnam only protects intellectual property rights established under Vietnamese law or international treaties that Vietnam commits. Specifically, for patents, currently, Vietnam does not participate in any automatic collective protection treaties. Any individual or organization that wants to be protected for invention in Vietnam must go through the registration procedure pursuance of Vietnamese law provisions. Conversely, if start-ups wish to protect their patents in any other country, they must follow the country’s process of establishing rights.

According to the provisions of Vietnamese law and international treaties as well as other national laws, an invention to be protected in the form of a patent must satisfy three conditions: (i) Must be novel to the world. The novelty of the patent is the novelty of the world[7]. Novelty is determined at the time of filing without any document or source that was publicly disclosing the patent, whether in writing, orally, or by other direct use in in the country or abroad prior to the filing date of the patent application or before the priority date in the case of claiming priority right[8]. Accordingly, many start-ups have been missed the right time for registering for the protection of technical products/solutions as patents for they have revealed and lost this novelty. However, there are some exceptional cases that disclosure is not considered a loss of novelty of a patent if a patent is obtained directly or indirectly from the right holder or the person receives information publicly disclose within twelve months from the date of disclosure[9]; (ii) Must have inventive nature (non-obviousness). Accordingly, the inventiveness of the patent is considered if, based on the technical solutions that have been publicly disclosed before the filing date, the patent is an innovative step that cannot be created easily for people with average knowledge of the respective technical field[10]; and (iii) susceptible of industrial application, i.e., which is the ability to manufacture, mass-production products, or repeated application of the process which is the subject matter of the invention, and to achieve stable results[11]. In addition, if the patent lacks inventiveness, the right holder can still apply for protection as a utility model but must satisfy two conditions: novelty and industrial applicability.

However, start-up businesses should note to protect the interests of the state, the public interest, the rights and interests of other organizations and individuals, or patents related to national defense and security, contrary to social interests, against humanity and social order. If applied, it will risk destroying people, seriously affecting public health, the environment, and national security. In addition, for various reasons such as humanity factors, the apparent nature of creation, etc.  The laws of Vietnam and other countries refuse to protect them as patents[12], other subjects such as scientific discoveries or theories, mathematical methods; schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs; presentations of information; solutions of aesthetic characteristics only; plant varieties, animal breeds; processes of plant or animal production which are principally of a biological nature, other than microbiological processes; human and animal disease prevention methods, diagnostic and treatment methods. Although not protected as patents, the right holder may consider protecting under other forms of rights.

To be protected as a patent, the right holder must file a registration application with the Intellectual Property Office of Vietnam (IPVN) and undergo an examination process, including the filing stage and formality examination, publication, and substantive examination.

Filing stage:

The author who creates a patent with their funds or organizations, individuals who invest funds as a job assignment or hiring have the right to file an application for patent protection[13]. Accordingly, the applicant needs to prepare all required documents, including at least three types of documents: (i) Registration declaration (according to the prescribed form); (ii) Documents, samples, and information showing the industrial property object registered for protection; (iii) Documents that prove fee payment. In addition, depending on the type of application and the method of filing, a registration application may need some other types of documents as follows: power of attorney (if the application is filed through an industrial property agent service); documents proving the right to registration (if the applicant enjoys the right to register from another person); documents confirming the right of priority (if the application claims for the priority right), etc. An applicant has the right to claim the priority right based on the first application for protection of the same object if it satisfies the following conditions[14]: (i) The first application has been filed in Vietnam, or a member country of an international treaty has provisions on priority rights which Vietnam is also a contracting party or with a mutual agreement to apply this principle; (ii)The applicant is a citizen of Vietnam or a citizen of other countries that is a member of the treaty, resides or does business in Vietnam, or other contracting parties; (iii) The application contains a claim for priority rights, and a copy of the first application is submitted; (iv) The application is filed within the time limit specified in an international treaty to which Vietnam is a contracting party. The time limit for enjoying the priority right for patent registration is 12 months from the filing date.

Formality examination:

After receiving the application, the examiner will check the formality compliance pursuant to the regulations, thereby concluding whether the application is considered valid or not[15]. During this stage, the examiner will conduct the formality check of the documents contained in the application and a preliminary check of the content contained in the application, and then conclude the validity of the application[16]. Accordingly, examine the formality of the application is checking the following contents (i) whether the documents contained in the application meet the provisions of intellectual property law; (ii) whether the documents included in the application were submitted within the specified time limit; (iii) whether the applicant has paid in full and correctly the prescribed fees and charges. Preliminary examination of the contents of the application, the examiner will examine the name of the patent, the field of use of the patent, the technical status of the patent, the technical patent nature, a brief description of the drawings enclosed with and a detailed description of the implementation options of the patent[17]. The time limit for the formality examination is one month from the filing date[18]. After the examination time limit, if the application is valid, the IPVN will issue a decision on acceptance of the application and the application will be published in the Industrial Property Official Gazette within two months from the issuance of the decision date[19]. If the application does not fully meet the prescribed conditions for the validity of the application, the IPVN will issue a notice of the formal examination results and provisional refusal notification. The applicant will have two months to amend the application pursuant to the law or respond to the notification from the date of the notice. If the applicant has no response by the end of this time limit or does not correct the omission, the amendment is unsatisfactory. The IPVN will issue a refusal decision[20].

Publication and substantive examination:

Unlike other industrial property subjects, a patent registration application has two-time limits for publication: within 19 months from the priority date or filing date; or within two months from the date of issuance of a decision on acceptance on application, whichever is later[21]. The applicant may also file a request for early publication with the IPVN. Unlike other industrial property subjects, after being published in the Gazette, the IPVN will not automatically examine the substantive that the applicant or a third party must submit a request for substantive examination within the time limit, 42 months for patents and 36 months for utility models from the filing date[22]. However, the IPVN allows the applicant has time-intensive to request a substantive examination. This extension, according to the author, the length of this period is unnecessary. And it needs to be changed because there is a possibility that the applicant is trying to delay the introduction of the patent into the market, or the patent is not essential enough to the applicant, thereby slowing down the general development of science and technology.

Different from European patent law, since the publication date, European patent applications are allowed for provisional protection[23]. While in Vietnam, patent applications do not enjoy these rights. Still, the applicant only has provisional rights to the patent, namely the right to notify in writing the person who is using his patent for commercial purposes that he has filed an application for that person to terminate or continue using. If continued to use, as soon as the patent is granted a registration certificate, the owner shall have the right to request the user to pay compensation equivalent to the price for licensing of such patent within the corresponding scope and duration of use[24]. However, the patent owner usually has difficulty in exercising their right, and in practice, it is difficult for the applicant to enforce this right.

Patent substantive examination is about to examine the patentability of the subject stated in the application under the protection conditions, that is, to test its novelty to the world, inventiveness, industrial applicability, and determine the corresponding scope of protection[25]. Accordingly, the examiner will examine in turn for each independent point of the protection claim in the following order[26]: (1) examine the suitability of the object stated in the application with the type of protection title requested granted. Accordingly, the content of the assessment will determine whether the subject indicated in the application is a technical solution, in the form of a product or a process, and whether it belongs to the exceptional cases that are not protected as patent or violate the prohibitions of the law; (2) evaluate the object according to each protection condition. In order to examine the subject of protection according to each protection condition, the examiner should carry out the following steps: analyze technical solutions, require the applicant to clarify the nature, or submit supporting documents to prove the solution stated in the application, etc. (if necessary), whether the patent has been appropriately classified as a technical solution according to the international classification, look up the technical status, appraise the priority right, calculate the consistency of the application and assessment of the ability to meet the protection conditions; (3) check the first filing rule.

After completing the substantive patent examination content, if the subject meets the conditions to be protected as a patent, the IPVN will issue a notice of granting protection and require the applicant to pay the corresponding granting fee. The patent registration certificate is valid for 20 years from the filing date, and the patent’s validity is not renewable. The time limit for patent examination from the filing date to the grant of a patent registration certificate is 42 months. However, the time limit for patent examination is often longer than the law specified time limit. It causes many disadvantages in exploiting and using the patent of the applicant, which is the issue between practice and the law that makes patent protection still difficult.

Along with establishing rights to intellectual property, start-ups also need to pay attention to protecting their intellectual property rights against the infringement of other subjects. Consequently, the patent’s holder has the right to enforce by himself or request the competent authorities to apply measures to protect the rights protected by law and prevent them from infringing and handle other illegal use and exploitation of such intellectual property objects. The protection of intellectual property rights is the use of necessary institutions to ensure that the holders can enforce their rights in practice to ensure that the intellectual property rights are the real power[27].

However, practice shows that the awareness of intellectual property of SMEs and individuals is still deficient, especially in countries with developing economies, including Vietnam, with a high rate of intellectual property infringement and it is happening more complicated, sophisticated methods of operation. Infringers are taking advantage of the development of the internet, mechanisms, policies, scientific and technical achievements to commit violations. Therefore, to protect their rights, the right holder can himself exercise the defense right or request the enforcement authorities to handle the infringement by civil measures, administrative or criminal, or request the application of measures to control import and export goods to detect, prevent and handle acts of importing and exporting goods infringing upon rights[28]. However, in practice, the primary method used to solve intellectual property rights infringement cases is through administrative measures through authorities such as customs, specialized inspectors, market surveillance, and economic police. Still, it is unclear which agency is the focal point, and there is no close and effective coordination between the agencies[29], making it difficult for the right holder to identify the agency that has the authority to deal with specific cases of infringement of intellectual property rights.

4. Conclusion

The article shows that patents are an essential and valuable asset of small and medium-sized start-ups and large enterprises, corporations in the market. Early identification, classification, and understanding of the conditions and procedures for establishing patent rights, thereby building a strategy for establishing rights, effectively exploiting, and protecting their intellectual property, will help start-ups succeed and sustain. Specifically, patents help start-up businesses (1) meet the material and spiritual needs of society, thereby creating a foundation for product needs and customer choice orientation; (2) encouraging enterprises to innovate to increase the value of their products/services; (3) is a legal tool to protect and manage the assets of the enterprise effectively; (4) this is a tool to promote, build and develop the business’s brand to increase the value of the business. Patents can be considered the most valuable assets of start-ups, helping them create a practical competitive advantage over other businesses. In addition, along with patents, trademarks, and different types of industrial property subjects, all are high-value intangible assets that can be used to contribute capital for investment, business cooperation, mortgage, and transfer rights to another party. Therefore, if used, exploited, and managed effectively, these intangible assets are the primary tools to help businesses promote, build, and make their brands and businesses more popular with consumers, thereby expanding the business’s market share.

 

 

Notes:

(1) The document of the 10th National Party Congress requires that “The knowledge economy must be considered an important element of the economy and industrialization, modernization; strongly develop economic sectors, and economic products with the high added value depend on knowledge” … “the state encourages activities of creation, improvement, and application of new technologies, through policies to support the development, recognition, and protection of intellectual property rights.”

5. References

5.1 Law and Legislation

1. The document of the 10th National Party Congress.
2. Intellectual Property Law 2005 amend and supplement in 2009, 2019.
3. Cicular No. 01/2007/TT-BKHCN detailing and guiding the implementation of a number of articles of the law on intellectual property regarding industrial property.
4. Circular No. 01/2007/TT-BKHCN amend and supplement by Para 3, Article 1, Circular no. 05/2013/TT-BKHCN.
5. Circular No. 05/2013/TT-BKHCN of February 20, 2013, amending the Circular No. 01/2007/TT-BKHCN of February 14, 2007, guiding the Implementation of the Government’s Decree No. 103/2006/ND-CP, elaborating a Number of Articles of the Law on Intellectual Property applicable to Industrial Property, amended in the Circular No. 13/2010/TT-BKHCN of July 30, 2010, and the Circular No. 18/2011/TT-BKHCN of July 22, 2011.
6. Circular no. 16/2016/TT-BKHCN on amendments to some articles of the circular no. 01/2007/ TT-BKHCN dated february 14, 2007 providing guidelines for the government’s Decree no. 103/2006/ND-CP dated september 22, 2006 elaborating and providing guidelines for some articles of the law on intellectual property regarding industrial property amended in the circular no. 13/2010/ TT-BKHCN dated July 30, 2010, Circular no. 18/2011/ TT-BKHCN dated July 22, 2011 and Circular no. 05/2013 TT-BKHCN dated february 20, 2013.
7. Regulations on examination of patent registration applications promulgated with Decision No. 487/QD-SHTT March 31, 2010 of the Director of the Intellectual Property Office of Vietnam.

5.2. Books, articles, other documents

8. European Patent Convention.
9. Intellectual Property Office of Viet Nam (2012), ‘Tài liệu tập huấn về sở hữu trí tuệ dánh cho cán bộ quản lý sở hữu trí tuệ trong doanh nghiệp’, Science and Technics Publishing House.
10. Kamil Idris (2004), ‘Những điều cần biết về sở hữu trí tuệ – Tài liệu hướng dẫn dành cho các doanh nghiệp xuất khẩu vừa và nhỏ’, WIPO, Geneva.
11. Ministry of Planning and Investment (2020), ‘Sách trắng Doanh nghiệp Việt Nam năm 2020’, Thong Ke Publishing House.

5.3 Electronic Documents

10. Ministry of Planning and Investment Inspectorate, ‘Các biện pháp thực thi quyền sở hữu trí tuệ’. URL from: https://www.most.gov.vn/thanhtra/tin-tuc/7/83/So-do-cac-bien-phap-thuc-thi.aspx. Accessed on August 3rd, 2021.
11. VOV (2018), ‘Thủ tướng Nguyễn Xuân Phúc dự Techfest 2018’. URL from: https://vov.vn/chinh-tri/thu-tuong-nguyen-xuan-phuc-du-techfest-2018-845257.vov. Accessed on August 3rd, 2021.
12. Wikipedia (2021), ‘Startup company’. URL from: https://vi.wikipedia.org/wiki/Khởi_nghiệp. Accessed on August 8, 2021.

[1] Wikipedia (2021), ‘Startup company’. URL from: https://vi.wikipedia.org/wiki/Khởi_nghiệp. Accessed August 8, 2021.

[2] Ministry of Planning and Investment (2020), ‘Sách trắng Doanh nghiệp Việt Nam năm 2020’, Thong Ke Publishing House.

[3] Kamil Idris (2004), Những điều cần biết về sở hữu trí tuệ – Tài liệu hướng dẫn dành cho các doanh nghiệp xuất khẩu vừa và nhỏ, WIPO, Geneva, v-vi.

[4] Documents of the 10th National Party Congress.

[5] VOV (2018), ‘Thủ tướng Nguyễn Xuân Phúc dự Techfest 2018’. URL from: https://vov.vn/chinh-tri/thu-tuong-nguyen-xuan-phuc-du-techfest-2018-845257.vov. Accessed on August 3rd, 2021.

[6] Point 12, Article 4, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[7] Intellectual Property Office of Viet Nam (2012), ‘Tài liệu tập huấn về sở hữu trí tuệ dánh cho cán bộ quản lý sở hữu trí tuệ trong doanh nghiệp’, Science and Technics Publishing House, 56.

[8] Article 60, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[9] Article 60, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[10] Para 3, Article 59, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[11] Article 61, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[12] Article 59, Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[13] Article 86 Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[14] Article 91 Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[15] Point 13, Circular No 01/2007/TT-BKHCN amend and supplement by para 12, Article 1, Circular 16/2016/TT-BKHCN.

[16] Article 3, Regulations on examination of patent registration applications promulgated with Decision No. 487/QD-SHTT March 31, 2010 of the Director of the Intellectual Property Office of Vietnam.

[17] Article 5 Regulations on examination of patent registration applications promulgated with Decision No. 487/QD-SHTT March 31, 2010 of the Director of the Intellectual Property Office of Vietnam.

[18] Article 119 Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[19] Point 13.8 Circular No 01/2007/TT-BKHCN amend and supplement by Para 3, Article 1, Circular 05/2013/TT-BKHCN.

[20] Point 13.6 Circular No 01/2007/TT-BKHCN amend and supplement by para 12, Article 1, Circular 16/2016/TT-BKHCN.

[21] Point 14.2 Circular No 01/2007/TT-BKHCN amend and supplement by para 13, Article 1, Circular 16/2016/TT-BKHCN.

[22] Point 25 Circular No 01/2007/TT-BKHCN amend and supplement by para 23, Article 1, Circular 16/2016/TT-BKHCN.

[23] Article 67, European Patent Convention.

[24] Article 131 Intellectual Property Law 2005 amend and supplement in 2009, 2019.

[25] Point 15.1 Circular No 01/2007/TT-BKHCN amend and supplement by para 14, Article 1, Circular 16/2016/TT-BKHCN.

[26] Article 18 Regulations on examination of patent registration applications promulgated with Decision No. 487/QD-SHTT March 31, 2010 of the Director of the Intellectual Property Office of Vietnam.

[27] Intellectual Property Office of Viet Nam (2012), ‘Tài liệu tập huấn về sở hữu trí tuệ dánh cho cán bộ quản lý sở hữu trí tuệ trong doanh nghiệp’, Science and Technics Publishing House, 76-94.

[28] Ministry of Planning and Investment Inspectorate, ‘Các biện pháp thực thi quyền sở hữu trí tuệ’. URL from: https://www.most.gov.vn/thanhtra/tin-tuc/7/83/So-do-cac-bien-phap-thuc-thi.aspx. Accessed on August 3rd, 2021.

[29] Ministry of Planning and Investment Inspectorate, ‘Các biện pháp thực thi quyền sở hữu trí tuệ’. URL from: https://www.most.gov.vn/thanhtra/tin-tuc/7/83/So-do-cac-bien-phap-thuc-thi.aspx. Accessed on August 3rd, 2021.