SUBJECT MATTERS NOT PROTECTED AS PATENTS IN VIETNAM

Understanding these exclusions helps:

• avoid wasting time and filing costs;
• develop an appropriate protection strategy;
• choose the correct form of intellectual property protection;
• reduce the risk of patent application rejection.

Under Article 59 of the Vietnamese Intellectual Property Law, certain subject matters, even if novel, are not eligible for protection under an Invention Patent or Utility Solution Patent.

What Is an Invention?

An invention is a technical solution in the form of:

• a product; or
• a process

intended to solve a specific problem by applying natural laws.

To be protected, an invention must satisfy the following conditions:

• novelty;
• inventive step;
• industrial applicability.

However, even if these conditions are met, certain subject matters are still excluded from patent protection.

Subject Matters Excluded from Patent Protection

Discoveries, Scientific Theories, and Mathematical Methods

The following subject matters are not protected:

• scientific discoveries;
• natural laws;
• scientific theories;
• mathematical formulas;
• pure algorithms.

Reason:
these are considered discoveries of natural knowledge rather than technical solutions directly applied in manufacturing or practical life.

Examples:

• the law of gravity;
• mathematical formulas;
• pure computational algorithms;
• mathematical models.

However, if an algorithm or mathematical method is applied to a specific technical solution, it may still be considered for protection in certain cases.

Schemes, Plans, Rules, and Methods for Mental Activities, Business Activities, or Games

Patent protection is not granted for:

• business methods;
• game rules;
• management schemes;
• training plans;
• teaching methods;
• business management methods;
• animal training methods.

Examples:

• sales processes;
• business models;
• marketing strategies;
• board game rules;
• personnel training methods.

The reason is that these subject matters are not regarded as technical solutions under intellectual property law.

Computer Programs

Under current regulations, pure computer programs are not protected as patents in Vietnam.

However, in practice:
if software is associated with a specific technical solution, possesses technical characteristics, and produces technical effects, it may still be considered for patent protection in certain cases.

Examples potentially eligible for protection:

• device control software;
• AI systems integrated with hardware;
• technical signal processing methods;
• automated control systems.

This is a relatively specialized area requiring careful assessment before filing.

Methods of Presenting Information

Simple methods of presenting information are not patentable.

Examples:

• information forms;
• data presentation interfaces;
• methods of displaying information;
• content arrangement methods.

If the subject matter merely relates to information presentation without technical features, it will usually be rejected.

Solutions Having Only Aesthetic Characteristics

Solutions that only involve aesthetic elements do not fall within patent protection.

Examples:

• decorative designs;
• shape designs;
• artistic designs;
• decorative patterns.

In such cases, the subject matter may be more suitable for:

• industrial design protection;
• copyright protection;
• trademark protection.

Plant Varieties and Animal Breeds

Under Vietnamese law, plant varieties and animal breeds are not protected as patents.

However:

• plant varieties may be protected under separate mechanisms;
• certain biotechnology inventions may still be considered for protection if legal conditions are satisfied.

Biological Processes for the Production of Plants or Animals

Processes such as:

• natural breeding;
• natural selection;
• traditional biological propagation

are generally not patentable if they are essentially biological in nature.

However:
microbiological processes or biotechnology processes involving technical elements may still be eligible for protection.

Methods for Prevention, Diagnosis, and Treatment of Diseases for Humans and Animals

The following methods are not patentable in Vietnam:

• medical examination methods;
• diagnostic methods;
• treatment methods;
• surgical methods;
• therapeutic methods.

Examples:

• heart surgery methods;
• cancer treatment procedures;
• diagnostic imaging methods.

However:

• pharmaceuticals;
• medical devices;
• medical compositions;
• biomedical technical systems

may still be patentable if they satisfy protection requirements.

Why Does the Law Exclude These Subject Matters?

These exclusions are intended to:

• protect public interests;
• prevent monopolization of fundamental knowledge;
• protect access to healthcare;
• maintain fair competition;
• comply with international patent practices.

These are common principles in patent laws worldwide.

If Patent Protection Is Not Available, What Other Forms of Protection May Apply?

Depending on the case, businesses may consider:

• copyright protection;
• industrial design protection;
• trade secret protection;
• trademark protection;
• plant variety protection;
• confidentiality agreements;
• unfair competition mechanisms.

Choosing the appropriate protection mechanism helps maximize the value of intellectual property assets.

Common Mistakes When Filing Patent Applications

Many patent applications are rejected because applicants:

• confuse ideas with technical solutions;
• attempt to patent pure software;
• attempt to patent business methods;
• disclose information before filing;
• fail to conduct patentability searches;
• incorrectly identify the protectable subject matter.

Therefore, proper assessment before filing is extremely important.

Patent Consultation Services at ADVN Law

ADVN Law provides support for:

• patentability searches;
• assessment of patentable subject matter;
• protection strategy consultation;
• drafting patent specifications;
• drafting patent claims;
• filing patent applications in Vietnam;
• international patent filing under the PCT system;
• handling office actions and oppositions from the Intellectual Property Office of Vietnam.

We support clients in various fields, including:

• mechanical engineering;
• electrical and electronics;
• AI and software;
• medical devices;
• biotechnology;
• industrial manufacturing;
• cosmetics and chemicals;
• food technology.

Frequently Asked Questions

Can Software Be Patented?

Pure software is generally not patentable in Vietnam. However, if it contains technical elements and produces technical effects, it may still be considered in certain cases.

Can Business Methods Be Patented?

Generally, business methods are not patentable.

Can an Idea Be Patented?

A mere idea is not sufficient for patent protection. It must constitute a specific technical solution.

Can AI Algorithms Be Patented?

Pure AI algorithms are generally not patentable. However, if integrated into a specific technical system, they may be considered for protection.

Can Medical Treatment Methods Be Patented?

No. However, related pharmaceuticals or medical devices may still be patentable.

Contact ADVN Law for Patent Consultation

If you need assistance with patent registration in Vietnam or internationally, please contact ADVN Law for detailed consultation.

Hotlines:

• 0903.693.301
• 0903.641.946

Email: advnlaw@gmail.com
Website: advnlaw.vn