1. Patent in Vietnam shall be eligible for protection by granting of Patent Patent if it meets the following conditions:

+ To be novel:

1. Patent in Vietnam shall be considered as novel if it is not publicly disclosed by use or means of a written or oral description or any other form, inside or outside the country,  before the filing date or the priority date, as applicable, of the Patent in Vietnam registration application.

2. Patent in Vietnam shall be considered as not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

3. Patent in Vietnam shall not be considered as lacking of novelty if it was published in the following circumstances, provided that the Patent in Vietnam registration application is filed within 6 months from the date of publication:

a)  It was published by another person without permission of the person having the right to registration as provided for in Article 86 of Intellectual Property Law;

b)  It was published in the form of a scientific presentation by the person having the right to registration as provided for in Article 86 of Intellectual Property Law;

c)  It was exhibited at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to registration as provided for in Article 86 of Intellectual Property Law.

+   To involve an inventive step:

Patent in Vietnam shall be considered to involve an inventive step, based on all technical solutions already disclosed by use or means of a written or oral description or any other form inside or outside the country, prior to the filing date or the priority date, as applicable, of the Patent in Vietnam registration application, it constitutes an inventive progress and cannot be easily created by a person with ordinary skill in the art.

+   To be susceptible of industrial application

Patent in Vietnam shall be considered as susceptible of industrial application if it is possible to carry out massive production or manufacture of the product or repeated application of the process that is the subject mater of the Patent in Vietnam and achieve stable results.

2. Unless it is common knowledge Patent in Vietnam shall be eligible for protection by granting of a   Utility solution Patent in Vietnamt if it meets the following conditions:

a) To be novel;

b) To be susceptible of industrial application
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