Is there a grace period for an invention in respect of its novelty?

Yes, there is. According to Article 60.3, the IP Law of Vietnam, an invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention application is filed within six (06) months from the date of publication:

  • It is published by another person without permission from the person having the right to register it as defined in Article 86 of this Law;
  • It is published in the form of a scientific presentation by the person having the right to register it as defined in Article 86 of this Law;
  • It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it as defined in Article 86 of this Law.

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