Type of patents in Vietnam

How many type of patents in Vietnam?

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 Protection criteria
  Novelty Inventive step Industrial application
Invention Yes Yes Yes
Utility model or utility solution Yes No Yes

Validity of patent in Vietnam

Utility model: 10 years from the filing date

Type of patents in Vietnam
                                              Type of patents in Vietnam

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.

What is procedure of patent in Vietnam? Patent in Vietnam, Procedure of Paten In Vietnam
What is procedure of patent in Vietnam? Patent in Vietnam, Procedure of Paten In Vietnam

+ 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.

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