IS A “BUSINESS IDEA” PROTECTED BY INTELLECTUAL PROPERTY LAW?

In the process of starting up and developing a business, a business idea may serve as the foundation for the creation of a new product, service, or business model. However, a common question is: “Can a business idea be registered and protected under intellectual property law?”

The answer needs to be distinguished according to each type of intellectual property subject matter. Under current law, an idea itself is not protected by copyright. At the same time, a business method, in principle, is also not protected as a patent. However, specific elements developed from or embodying a business idea, such as works, trademarks, inventions, or trade secrets, may be protected if they satisfy the respective statutory requirements.

I. Ideas Are Expressly Excluded from the Scope of Copyright Protection

One notable point under current law is that Law No. 131/2025/QH15 amending and supplementing a number of articles of the Law on Intellectual Property, which took effect on 1 April 2026, added Clause 4 to Article 15 of the Law on Intellectual Property.

Accordingly, the categories of subject matter excluded from the scope of copyright protection include: “Ideas; slogans; titles of works independently.”

Therefore, as of 1 April 2026, the law expressly and clearly provides that an idea in itself is not subject to copyright protection.

In the context of business activities, this means that an individual cannot rely solely on the fact that they were the person who came up with a business idea to claim exclusive rights over that idea itself under the copyright protection regime.

However, a distinction must be made between an idea and the specific form in which that idea is expressed. If an idea is expressed in the form of a document, written work, design, image, video, software, or another work that satisfies the requirements for protection, such expression may be eligible for protection under the relevant legal regime.

The exclusion of ideas from protection does not mean that all creative products developed from such ideas are unprotected by law.

II. Business Methods Are Not Protected as Patents

Another approach commonly considered by businesses is to seek protection for a business idea in the form of a patent.

Under Clause 2, Article 59 of Consolidated Document No. 67/VBHN-VPQH 2026 of the Law on Intellectual Property, the following subject matter is not protected as an invention, including: “Schemes, plans, rules and methods for carrying out mental activities, training animals, playing games, or doing business; computer programs.”

Accordingly, a purely business method or business model, if it merely consists of rules, plans, or methods for carrying out business activities, will not be protected as a patent.

However, it should be noted that the fact that an idea contains a business component does not mean that every technical solution associated with that idea is excluded from patent protection.

If a product or process incorporates a genuine technical solution and satisfies the requirements for patent protection under the law, that technical solution should be assessed independently.

Patent examination guidelines also distinguish between purely business methods and cases where the subject matter contains specific technical features.

III. A Business Idea May Be Protected Through the Trade Secret Regime

Although an idea itself is not protected by copyright, in certain circumstances, information embodied in a business idea may be protected as a trade secret.

Under Article 84 of Consolidated Document No. 67/VBHN-VPQH 2026 of the Law on Intellectual Property, a trade secret is protected if all of the following conditions are simultaneously satisfied:

1. It is not common knowledge and is not easily acquired;
2. When used in business, it gives its holder an advantage over persons who do not possess or use such information;
3. It has been protected by its owner through necessary measures so that the information is not disclosed and is not easily accessible.

This is particularly significant for startups that are in the process of developing products or do not yet wish to disclose their business models publicly.

If all statutory requirements are satisfied, such information may be eligible for protection as a trade secret.

The key point is that the business must genuinely maintain the confidentiality of the information. If the business publicly discloses all of the information to the market without appropriate confidentiality measures, its ability to satisfy the requirements for trade secret protection may be affected.

IV. A “Business Idea” Is Not Protected, but Intellectual Property Assets Arising from the Idea May Be Protected

In practice, the fact that a business idea itself is not protected does not mean that a business has no means of protecting the value generated from that idea.

A business should classify each specific element in order to select the appropriate protection mechanism.

Accordingly, ideas and purely business methods are not protected by copyright or as patents; whereas documents, images, and creative content may be protected by copyright; names and distinctive signs may be registered as trademarks; technical solutions may be eligible for protection as patents or utility solutions; and confidential information with commercial value may be protected as trade secrets if the statutory requirements are satisfied.

Therefore, rather than seeking to “register an idea,” a business should identify and establish rights in respect of each specific intellectual property asset created during the implementation of the idea.

V. Legal Recommendations for Individuals, Startups, and Businesses

The fact that the law does not protect a “business idea” itself does not mean that individuals and businesses have no mechanisms to protect the intellectual value generated from such an idea.

To minimize risks and effectively protect intellectual property assets, the following should be taken into consideration:

1. For individuals, startups, and businesses:

• Limit disclosure of the idea: Particularly for information that may qualify for protection as a trade secret or a technical solution potentially eligible for patent registration, confidentiality should be maintained before pitching, fundraising, or publicly launching the product.
• Identify intellectual property assets: Proactively review and classify assets created from the idea, such as names, logos, software, designs, technical solutions, and business information, in order to select the appropriate protection mechanism.
• Establish confidentiality mechanisms: Develop internal regulations, control access to information, and enter into confidentiality agreements with employees, partners, investors, or consultants where necessary.

2. For cooperation and product development activities:

• Clearly agree on ownership rights: Where an idea is developed together with co-founders, employees, freelancers, or partners, it is necessary to clearly determine the ownership rights, rights of use, exploitation rights, and confidentiality obligations in respect of the intellectual property assets created.

Proactively identifying intellectual property assets, controlling information, and clearly establishing ownership rights from the outset will help individuals, startups, and businesses minimize disputes while better protecting the commercial value generated from a business idea.