Vietnam: Regulations on confidential inventions according to Decree No. 122/2010/NĐ-CP

Decree No. 122/2010/NĐ-CP of Vietnam’s Government supplements the definition, utilization of and registration of “confidential inventions” as follows:

- Definition:

Inventions which are classified by competent slate agencies as state secrets in the field of national defense and security under the law on protection of state secrets are referred to as confidential inventions.

- Utilization of confidential inventions:

The utilization and licensing of confidential inventions and the assignment of the right to file applications and the right to own confidential inventions must be permitted by competent state agencies under the law on protection of state secrets. The Minister of Public Security and the Minister of National Defense may utilize or assign organizations or individuals to utilize confidential inventions for the national defense or security purpose.

- Registration of confidential invention patents:

Confidential inventions may only be granted confidential invention patents or confidential utility solution patents. Confidential invention registration applications, confidential invention patents and confidential utility solution patents may not be disclosed and must be kept confidential under the law on protection of state secrets.

After a confidential invention is disclosed by a competent agency under the law on protection of state secrets, its registration application and protection title shall be handled as follows:

- The confidential invention application shall be further processed like an invention application;

- The confidential invention patent or confidential utility solution patent shall be converted into an invention patent or utility solution patent and published in the Industrial Property Official Gazette and recorded in the National Register of Inventions.

Thus, confidential inventions are inventions that are kept confidential by state agencies, are national secrets and are used to develop the fields of defense and security.

View more details at Decree No. 122/2010/NĐ-CP of Vietnam’s Government, effective from February 22, 2011.

Nguyen Phu

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