Where a natural or juridical person before the publication date of the patent application and in the country,
(i) was independently making the product or using the process which is the subject of the invention claimed in that application, or
(ii) had independently made serious preparations toward the making or using referred to in item (i),
that person shall have the right, despite the grant of the patent to continue to exploit the patented invention/utility solution provided that the extend and volume of such exploitation shall not be enlarged. Such right cannot be assigned or transferred.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Introduction To Patent Law In Vietnam - Main Issues Of Patent Law - Right Of Prior User
