There are two types of patent in Vietnam including patent for invention and utility model or utility solution.
Difference between patent for invention in Vietnam and utility model or utility solution in Vietnam
|Type of patent
|Utility model or utility solution
Validity of patent in Vietnam
Utility model: 10 years from the filing date
Patent for invention: 20 years from the filing date
In order to maintain the validity of the patent in Vietnam, the owner shall pay the annuity fee.
Process of registering patent for invention in Vietnam and Utility model or utility solution in Vietnam
+ Stage 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.
+ Stage 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.
+ Stage 3: Substantive examination of patent
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.
+ Stage 4: Granting Vietnam patent
Within 1-3 months from the notice of patent granting.
ASL LAW – The Vietnam IP Firm could help the patent owner to pay annuity fee of patent in Vietnam.
- You could read the full article of How to file patent in Vietnam here
- You could contact ASL LAW– Vietnam IP Firm–Vietnam IP Law Firm – Vietnam IP Agent for further information