Vietnam – Additional patent guidelines for inventions relating to computer programs
Like many other countries, in Vietnam, pure pc systems are not patentable – they are to be shielded by the copyright regulation, but sure laptop or computer applications are still eligible for patent security. The assessment of computer system applications is guided at Report 5.8.2.5 of the Vietnam Pointers for patent evaluation (Guidelines). The Write-up is not in-depth more than enough and the Intellectual Assets Business of Vietnam lately issued Annex I (of the Rules) which has rules to be extra to claimed Post.
The additional tips are not for the assessment of novelty and creative action, but goal at the evaluation of patentable topic-issue to see whether or not the matter-make a difference is excluded from patent protection as underneath.
The assessment of patentable subject-make any difference in formalities assessment stage
In Vietnam, creation is defined as a technological answer in the kind of a solution or a approach, and as a result, an creation need to have technical functions. Therefore, if the examiner finds that the claimed subject-matter does not comprise technical options (this sort of as the existence of components like a personal computer, computer system-carried out), he/she will refuse the patent application.
Mentioned Article 5.8.2.5 lists a number of claim preambles which are not permissible. The extra pointers in the Annex are to be included to the Posting, and for that reason, they have to be constant with the Write-up. Then, if there are complex characteristics as mentioned previously mentioned, but the preambles of the claims are “computer program”, “computer plan product”, etcetera., the examiner will still refuse the software.
In case the software passes claimed two tests, the examination of patentable issue-make a difference challenge will further more be done in the substantive evaluation phase.
The evaluation of patentable topic-subject in substantive evaluation stage
The examiner will take into consideration irrespective of whether the claimed matter-matter has a complex character, creating a more technical influence that is a technical influence going outside of the “normal” physical interactions in between the method (computer software) and the laptop (hardware) on which it is run. If not, the software will however be refused mainly because the issue-make a difference is not deemed to be a patentable issue-issue.
Specialized figures are fairly assorted and the Annex I supplies pointers for assessing a technical character for computer packages as these kinds of, also which include:
i. Facts modelling, exercise of programming and programming languages
ii. Data retrieval, formats and structures
iii. Databases management systems and information retrieval
The Annex also delivers pointers to take into account a technical character for computer system programs exactly where they relate to the following issues.
1. Executing mathematical strategies
2. Artificial intelligence and equipment understanding
3. Simulation, design or modelling
4. Doing strategies, principles and approaches for taking part in video games
5. Undertaking methods for carrying out enterprise
6. Shows of facts
7. Consumer interfaces
Accordingly, there may possibly be other guidelines for these seven matters, but in which they relate to a laptop or computer method like the use of a pc system to conduct them, then the guidelines presented in the Annex I will be utilized thereto.
These tips on the specialized character are relatively related to the related guidelines of the European Patent Business.
