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
+ 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.
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?
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).
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.
– 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.