how to register patent in Vietnam, registering patent in Vietnam, Vietnam patent registration, registration of patent in Vietnam, Patent in Vietnam, patent registration in Vietnam

How to register patent in Vietnam

How to register patent in Vietnam? Registering patent in Vietnam is an important measure to protect your technical solutions (know-how). The following article shall guide patent registration in Vietnam in terms of patent under Paris convention, PCT patent and direct filing.

WHAT FOUNDATION/CONVENTION FOREIGN PATENT APPLICANTS COULD USE TO REGISTER PATENT IN VIETNAM?

A foreign patent could be registered in Vietnam under one of the three following foundations:

+ Direct filing of their patent in Vietnam;

+ Paris convention: the foreign patent must register patent in Vietnam within 12 months from the first filing date in a foreign country;

+ PCT patent: the foreign patent must register patent in Vietnam within 31 months from the first filing date in a foreign country.

HOW MANY TYPE OF PATENT IN VIETNAM?

In Vietnam, we have two types of patent including:

+ Patent for invention

+ Utility solution or pretty patent

WHAT IS PATENT FOR INVENTION IN VIETNAM?

According to Vietnam Law on Intellectual Property, an invention means a technical solution in form of a product or a process which is intended to solve a problem by application of laws of nature.

WHAT SUBJECT MATTERS NOT PROTECTED UNDER PATENT IN VIETNAM?

The following subject matters shall not be protected as inventions in Vietnam:

1. Scientific discoveries or theories, mathematical methods;

2. Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;

3. Presentations of information;

4. Solutions of aesthetical characteristics only;

5. Plant varieties, animal breeds;

6. Processes of plant or animal production which are principally of biological nature other than microbiological ones;

7. Human and animal disease prevention, diagnostic and treatment methods.

WHAT IS CRITERIA FOR PATENT TO BE PROTECTED IN VIETNAM?

A patent registration in Vietnam shall be protect if it meets the following conditions:

+ Novelty step
+ Inventive step (not applicable to utility solution)
+ Industrial applicability

WHAT IS PROCEDURE OF PATENT REGISTRATION IN VIETNAM?

+ Step 1: Formality examination of patent

National Office of Intellectual Property (NOIP) will examine the formality of the patent application within 1-2 months counted from the filing date.

Process of registering patent in Vietnam - File patent in Vietnam - PCT patent in Vietnam (ASL LAW)
Process of registering patent in Vietnam – Patent registration patent in Vietnam (ASL LAW)

However, the actual time may be longer.

+ Step 2: Publication of patent on Vietnamese IP Gazette

NOIP shall publish the patent application on Vietnamese IP Gazette within 19 months counted from the first filing date or date of accepting its legitimate whatever comes later.

The applicant could ask for earlier publication of their patent application.

+ Step 3: Substantive examination of patent

-Substantive examination request must be filed within 42 months from the first filing date.

NOIP shall issue the substantive examination result 18 months from the publishing date. If the result is positive, the patent shall be granted within 1-2 months. Otherwise, patent applicant shall have three months (extensible for 3 months) to respond to the rejection.

+ Step 4: Granting Vietnam patent

Within 1-3 months from the notice of patent granting.

WHAT IS SAMPLE OF PATENT CERTIFICATE IN VIETNAM?

Sample of patent in Vietnam, Vietnam Patent
Sample of patent in Vietnam, Vietnam Patent

WHAT ARE REQUIRED DOCUMENTS TO REGISTER PATENT IN VIETNAM?

– Specification of the patent. If it is a PCT patent, we could download it from WIPO’s website.
– Claims of patent or amended claims, if any.
– Drawing (if any)
– Certified copy of priority document (if any)
– Name and Address of inventor and applicant.

– POA (drafted by ASL LAW): Sign only. A copy via email is acceptable, the original one shall be submitted later within 01 month from the filing date or 03 months to PCT patent.

CAN FOREIGN PATENT APPLICANTS REGISTER PATENT IN VIETNAM DIRECTLY BY THEMSELVES?

No. They can not. Foreign patent applicants are required to use service of intellectual property representative agents to file patent in Vietnam.

WHERE CAN WE REGISTER PATENT IN VIETNAM?

Foreign patent The patent shall be filed at Vietnam National Office of Intellectual property (NOIP).

National Office of Intellectual Property Of Vietnam (NOIP)
National Office of Intellectual Property Of Vietnam (NOIP)

HOW LONG IS VALIDITY OF PATENT IN VIETNAM?

After being granted patent registration in Vietnam, patent shall be valid as follows:

+ Patent for invention: 20 years from the filing date.

+ Patent for utility solution: 10 years from the filing date.

In order to maintain the validity of Vietnam patent, the annuity patent fee shall be payable annually after the patent is granted only.

HOW CAN PATENT OWNERS PAY THE ANNUITY FEE?

In order to maintain the validity of the patent in Vietnam, the owner shall pay the annuity fee. The annuity of patent could be filed later within 06 months from the expire date. You can see the annuity of patent in Vietnam here.

WHY CHOOSE ASL LAW?

In addition to other intellectual property services of ASL LAW, our patent service is a proper choice for clients due to the following factors:

 – Budget saving: we provide affordable rate of translations of patent specification into different languages to help clients save their budget.

Vietnam IP Firm – Vietnam Patent Firm – Vietnam Patent Attorney – Patent in Vietnam (ASL LAW)

– Good rate of specification translation: We could provide translation of the following languages:

  • Vietnamese to English, Japanese, Korean, Chinese, and Taiwanese.
  • English to Khmer or Laos

– Specialized patent attorneys in different technical fields including chemical invention, engineering invention, mechanical invention and other fields;
– Advanced technology to monitor patent’s portfolio’
– Flexible billing.

Download the full Guide to Register Patent In Vietnam, patent registration in Vietnam here: Word file here, Pdf file Patent-In-Vietnam_Updated here.

— Other related articles–

– Trademark in Vietnam

– Notes To Intellectual Property (IP) in Mergers And Acquisitions (M&A)

– What is procedure of patent in Vietnam?

– How can we pay annuity of patent in Vietnam?

– What is patent in Vietnam and what are subject matters protected as patent in Vietnam?

– Intellectual Property Services

Renewal of Trademark in Vietnam

– Vietnam IP Law Firm – Vietnam Patent Law Firm – Vietnam Trademark Law Firm

You could contact ASL LAW – Vietnam IP  Law Firm – Vietnam IP Agent for further inquiry:

CONTACT

Your infomation

Question


Leave a Reply

Your email address will not be published. Required fields are marked *

+84982682122
WhatsApp chat