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May 3, 2011

Treatment of Use Claims in Vietnam

Vietnam: IP Developments, Tilleke & Gibbins Client Newsletter

Vietnam’s National Office of Intellectual Property (“NOIP”) recently vowed to clarify various ambiguities regarding the patentability of use claims in Vietnam. Under the current law, the NOIP prohibits use claims. Certain patent examiners in the NOIP allow use claims to be rewritten as a product or process claim, but this practice is not applied uniformly throughout the NOIP and has caused much consternation to practitioners.

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