Chương IV Nghị định 65/2023/NĐ-CP: Sáng chế mật

Chapter IV

SECRET INVENTION

Article 48. Applications for registration of secret inventions

1. The application for registration of a secret invention shall be submitted in paper form to the industrial property right authority in compliance with Clause 1 and Clause 2 Article 89 of the Law on Intellectual Property.

2. An application for registration of a secret invention shall include:

a) Documents prescribed in Article 100 of the Law on Intellectual Property bearing the seal of confidentiality according to state secret protection laws (except for invoices for fees and charges);

b) Documents proving that the registration subject in the application is a state secret according to state secret protection laws.

3. The application for secret invention registration shall be accepted if the mandatory information and documents prescribed in Clause 1 Article 108 of the Law on Intellectual Property and Point b Clause 2 of this Article are provided.

Article 49. Procedures concerning secret inventions

1. Procedures for processing secret invention registration applications and issuing protection titles to secret inventions, maintaining, amending, terminating, and abrogating the validity of protection titles of secret inventions shall comply with the corresponding regulations of the Law on Intellectual Property and guiding documents regarding invention registration applications, except for cases prescribed in Clauses 2, 3, 4, and 5 of this Article.

2. An application for secret invention registration shall have its content appraised within 18 months from the date the application is accepted as valid if the request for a content appraisal is submitted before the date the application is accepted as valid or from the date of receipt of the request for a content appraisal if such a request is submitted after the date the application is accepted as valid.

3. Any document specifying suggestions of a third party or objections shall be considered as a source of information serving the processing of the application for secret invention registration. If it is not possible to determine the information or whether the disclosure of information in documents according to this Clause is in compliance with state secret protection laws, the industrial property right authority shall cooperate with the Ministry of Public Security of Vietnam in determining the appropriateness of the disclosure of information in documents according to this Clause to state secret protection laws.

4. Complaint procedures prescribed in Article 119a of the Law on Intellectual Property shall not be applicable to decisions or notifications of secret invention registration applications and other applications concerning secret inventions.

5. Secret invention registration applications and secret invention protection titles shall not be disclosed on the Industrial Property Official Gazette.

Article 50. Processing declassified secret invention registration applications and secret invention protection titles

1. Secret invention registration applications and secret invention protection titles shall be declassified according to Article 22 of the Law on State Secret Protection.

2. In case of clear grounds indicating that the invention in the secret invention registration application or the invention protected under the protection title is not in compliance with Clause 1 Article 2 of the Law on State Secret Protection, the industrial property right authority shall issue a notification requesting the applicant to re-determine whether such an invention is a state secret according to state secret protection laws and impose a 3-month time limit from the notification issuance date for the applicant to reply.

3. Regarding cases of declassification prescribed in Clause 1 of this Article, authorities and organizations competent to conduct declassification according to state secret protection laws shall provide notifications for industrial property right authorities, applicants, and owners of invention protection titles of the declassification.

4. Any Invention registration application that is declassified according to Clause 1 of this Article or confirmed to not be state secrets by the applicant according to Clause 2 of this Article shall have a submission date similar to the submission date of the secret invention registration application and continue to be processed under the Law on Intellectual Property regarding invention registration applications.

5. Any protection title that is declassified according to Clause 1 of this Article or confirmed to not be state secrets by the applicant according to Clause 2 of this Article shall have an issuance date similar to the issuance date of the secret invention protection title and relevant procedures shall be performed under the Law on Intellectual Property regarding protection titles.

6. In case of permitted declassification, the declassified secret invention registration application and secret invention patent/secret utility solution patent shall be disclosed on the Industrial Property Official Gazette within 3 months from the date of declassification.

Article 51. Registering secret inventions abroad

Submission of secret invention registration applications abroad shall be performed in compliance with state secret protection laws.

Article 52. Managing the use of secret inventions

The use of secret inventions protected under Article 123 of the Law on Intellection Property shall be in compliance with state secret protection laws.