Patent filing procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, HAVIP Lawyers would like to support you in filing a Patent on an invention or a utility in Vietnam.

 

Overview of patent

 

In order to obtain a patent right, the applicant has to file a patent application with the National Office of Intellectual Property of Vietnam (NOIP), and undergo formality examination and substantive examinations.

According to Vietnam IP Law, the non-patentable subject matters are classified as follows:

– Discoveries, scientific theories; mathematical methods;

– Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;

– Presentations of information;

– Solutions of aesthetic characteristics only;

– Plant varieties, animal varieties;

– Processes of essentially biological nature for the production of plants and animals other than microbiological processes;

– Disease prevention, diagnostic and treatment methods for human or animals.

 

Priority patent

 

Priority is claimed within 12 months under Paris Convention or within 31 months under PCT for patent applications filed with NOIP.

A grace period of 6 months can be used for applicants who have their patents published in the following circumstances:

– It was published by another person without permission of the person having the right to registration as provided for in Article 86 of Vietnam IP Law;

– It was published in the form of a scientific presentation by the person having the right to registration as provided for in Article 86 of Vietnam IP Law;

– It was exhibited at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to registration as provided for in Article 86 of Vietnam IP Law.

 

Required information and documents

 

For the purpose of filling the patent application in Vietnam, the following documents will be required:

-Full name and address of applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 

Patent Examination Procedure

 

The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

– Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from publication date of 19 months from priority date.

– Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

– Notification of the Substantive Examination Results.

– The Decision of Refusal or Request to pay fee.

– Issuing the Patent of Invention.

 

Patent Term and Maintenance

 

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

Patent filing procedures in Vietnam

For more information about Patent Renewal, please do not hesitate to contact us at HAVIP IP LAW FIRM

Unit 2002, Licogi 13 Tower, No. 164 Khuat Duy Tien Street, Thanh Xuan District, Hanoi City, Vietnam.

Tel:            (+84-24) 35525.035 / 036

Fax:           (+84-24) 35525.037

Hotline:     +84 912.481.948

Email:        info@havip.com.vn

Website:    https://haviplaw.com

HAVIP-IP is a registered IP Firm recorded by The National Office of Intellectual Property of Vietnam (NOIP).

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