Legislative Implementation of Flexibilities - Viet Nam

Title:	Article 102 (1) and (2) (a) of the Law on Intellectual Property No. 50/2005/QH11 of 29/11/2005 as last amended by Order No. 12/2009/L-CTN of 29/06/2009 and Rule 15.2.(a) and (b) (i) of the Regulations thereto
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 102

Requirements on invention registration applications

1. Documents identifying an invention registered for protection in an invention registration application shall include a description of the invention and an abstract of the invention. The invention description consists of the description section and the scope of protection of the invention.

2. The description of invention must satisfy the following conditions:

a/ Fully and clearly disclosing the nature of the invention to the extent that such invention may be realized by a person with average knowledge in the art;

Regulations

15.2. Use of information search results

a/ In the course of substantive examination of invention/industrial design registration applications with claims for priority, the NOIP may use the results of information search and examination of those applications filed overseas.

b/ Applicants may supply (on their own initiative or upon the NOIP's request) the following

documents for use in service of substantive examination of their applications:

(i) For an invention/industrial design registration application: Results of information search or examination of the application filed overseas for the object stated in the application; copies of the protection title granted on the basis of a similar application filed overseas; documents on technical conditions of the object stated in the invention registration application supplied by a competent foreign authority to the applicant and other documents;