Guidelines for Drafting Patent Claims for Software Inventions in Vietnam
By Phung Chi Cong – Director of Patent Division
WINCO – Vietnam – International Patent, Trademark & Copyright Law Firm
Aligned with Annex I to the Patent Examination Regulations for Computer-Program-Related Subject Matter
Discover how to draft patent claims for software and computer-implemented inventions in Vietnam. This guide covers allowable claim types, the “other technical effect” requirement, common pitfalls (e.g., business methods, UI aesthetics), and provides practical claim templates and a checklist for success.
- Understanding Patentable Software Claims in Vietnam
In Vietnam, pure computer programs are not eligible for patent protection. However, software-related inventions can be patented if they demonstrate technical features that produce an other technical effect—a result that goes beyond standard program-computer interactions.
Examples of Patentable Technical Effects:
- Controlling physical processes (e.g., actuation, sensing, or closed-loop control systems).
- Enhancing computer performance (e.g., reduced latency, optimized memory allocation, improved cache scheduling, or secure boot mechanisms).
- Processing technical data (e.g., video compression, image restoration, or communication encoding).
Non-Patentable Subject Matter:
Business rules, administrative processes, or logistical policies (even when automated) do not qualify as technical and are not patentable.
- Examination Focus: The “Other Technical Effect”
During the formality examination, applications with at least one technical feature (e.g., hardware involvement or processing of physical data) may proceed to substantive review. In the substantive examination, examiners evaluate whether the invention has a true technical character by analyzing the causal chain in the claims and specification:
Technical Inputs → Algorithmic Steps → Technical Outputs/Effects (on a machine or system).
Simply claiming that a method is “faster” or “automated” is insufficient. The improvement must arise from technical means and be clearly reflected in the claimed features.
- What to Avoid in Claims
Avoid using the following terms as the claimed object, as they are considered excluded subject matter:
- “Computer program”
- “Software”
- “Computer program product”
- “Program-carrying signal”
Instead, focus on claim categories like methods, apparatus/systems, or computer-readable media (see Section 4).
- Recommended Claim Categories
To increase the likelihood of approval, structure your claims using these examiner-friendly categories:
- a) Computer-Implemented Method
“A computer-implemented method for [technical purpose], comprising: [technical steps] … resulting in [technical effect].”
- b) Apparatus/System
“An apparatus comprising at least one processor and memory configured to execute instructions that cause the apparatus to perform the method of claim 1.”
- c) Computer-Readable Medium (CRM)
“A non-transitory computer-readable medium storing instructions that, when executed by at least one processor, cause the processor to perform the method of claim 1.”
These categories emphasize technical features and avoid excluded subject matter.
- Pre-Filing Checklist for Strong Claims
Before submitting your patent application, ensure your claims meet these criteria:
- Define a clear technical purpose.
Examples: Reducing database query latency, lowering edge-node bandwidth, stabilizing mechanical systems, or minimizing memory usage. - Specify technical inputs and outputs.
Include signals, sensor data, packet headers, control fields, or structured data that influence system behavior. - Clarify causality.
Show how the claimed steps modify machine behavior (e.g., an index structure reducing I/O operations or a scheduler capping latency at ≤5ms). - Include implementation details.
Highlight architecture adaptations, memory layouts, concurrency controls, or security measures to demonstrate technical considerations. - For AI/ML or mathematical methods.
Tie models to technical tasks (e.g., sensor fusion, error correction, or compression) rather than managerial decisions. - Avoid business-oriented solutions.
Solutions based on commercial rules (e.g., auction or discount policies) are not considered technical. - Ready-to-Use Claim Templates
(i) Computer-Implemented Method
A computer-implemented method for [technical purpose], comprising:
- Receiving input data representing [signals, system state, or technical control fields];
- Processing the input by executing steps [A, B, C] adapted to [architecture, scheduler, or memory policy];
- Outputting [a control signal, configured data structure, or updated system state] that causes [hardware/system] to achieve [the stated technical effect].
(ii) Apparatus/System
An apparatus comprising at least one processor and memory configured to execute instructions that cause the apparatus to perform the method of claim 1.
(iii) Computer-Readable Medium
A non-transitory computer-readable medium storing instructions that, when executed by at least one processor, cause the processor to perform the method of claim 1.
- Field-Specific Drafting Tips
Mathematical Methods
Link to technical applications like image restoration, video compression, or channel coding. Specify inputs/outputs and their impact on system performance (e.g., improved PSNR or reduced memory usage).
AI/ML Inventions
Focus on technical applications, such as detecting anomalies in sensor data or predicting equipment faults. Highlight how the model improves system performance (e.g., latency or energy efficiency).
Simulations
Describe simulations of technical processes (e.g., circuit behavior under noise) and detail how they save compute resources or improve downstream technical outcomes.
Business Methods
Pair commercial logic with technical mechanisms (e.g., caching strategies or database indexing) that deliver a measurable technical effect.
User Interfaces
Protect UI features only when they support technical tasks (e.g., real-time data overlays). Aesthetic designs alone are not patentable.
- Example: Resource-Efficient Content Delivery
A computer-implemented method for efficient content delivery in a retail edge network, comprising:
- Measuring request frequency and link capacity;
- Selecting multimedia files for edge-node caching based on measurements;
- Storing files in a local database with an index structure to optimize look-up;
- Retrieving and serving files from the local database upon request, reducing central server downloads and bandwidth usage.
The technical effect stems from caching and indexing strategies, not business policies.
- Strengthening Your Specification
- Map data flows: Detail signals, packet formats, or matrices and their role in driving system behavior.
- Provide benchmarks: Include simulations or metrics (e.g., latency, throughput, or energy savings) to support technical claims.
- Describe system-level details: Highlight scheduler bounds, memory layouts, or security measures to reinforce the technical effect.
- Key Takeaways
- Avoid claiming “programs” or “software”; use method, apparatus, or CRM claims instead.
- Clearly articulate the other technical effect and tie it to technical features.
- Include implementation-specific details to demonstrate technical merit.
- For AI/ML or mathematical methods, anchor claims to technical tasks or system improvements.
- Ensure claims and specifications align to show a clear input → process → output → technical effect chain.
Need Assistance?
WINCO’s Software & ICT Team specializes in drafting and prosecuting computer-implemented inventions in Vietnam and ASEAN.