FILING PATENT IN VIETNAM
When filing patent in Vietnam, it is necessary to know procedure, required documents to Vietnam patent entry including PCT Patent in Vietnam, direct patent.
How many types of patent in Vietnam?In Vietnam, we have two types of patent including: + Patent for invention + Utility solution
What is criteria for patent to be protected in Vietnam?A patent in Vietnam shall be protected if it meets the following conditions: + Novelty step + Inventive step (not applicable to utility solution) + Industrial applicability
What are priority claims of patent available in Vietnam?A patent in Vietnam could be filed in one of the three types: + Direct filing: a foreign patent applicant could file their patent in Vietnam directly. + PCT Patent: 31 months from the first filing date. + Paris conventions: 12 months counted from the first filing date.
How long is validity of patent in Vietnam?+ 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.
What are required documents to file 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.
Does ASL LAW provide the service of patent translation from other languages to Vietnamese?We are having: – Specialized patent attorneys in different technical fields. – Advanced technology to monitor patent’s portfolio. – Flexible billing Therefore, we could provide affordable rate of translations of patent specification into different languages to help clients save their budget. We could provide translation of the following languages with a good rate:
- From English, Japanese, Korean, Chinese, and Taiwanese to Vietnamese
- English to Khmer or Laos
Where can we file patent in Vietnam?The patent shall be filed at Vietnam National Office of Intellectual property (NOIP)
What is procedure of filing patent in Vietnam?
+ Step 1: Formality examination of patentNational 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 GazetteNOIP 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 patentNOIP 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 patentWithin 1-3 months from the notice of patent granting.
What is sample of patent certificate in Vietnam?
What international law firm ranking organisations talking about us?
- Legal 500 (2020): Pham Duy Khuong who has experience in trademark prosecution and enforcement. As far as cross-border work is concerned, the firm has alliances with firms in other countries in Laos, Cambodia and Myanmar
- Legal 500 (2019): Duy Khuong Pham list his emerging firm with absolute assuredness. He represents a colorful catalogue of Vietnamese Companies on trademark matters in Cambodia, Laos, Myanmar and Vietnam.
- Legal 500 (2017): Pham Duy Khuong advises Vietnamese and international businesses on dealing with counterfeit and other infringements, as well as handling international registration and freedom to operate checks, among other works.
- World Trademark Review (2020): Duy Khuong Pham is a consummate adviser on trademark prosecution and enforcement, as well as franchising; he plies his trade from ASL Law
- From English, Japanese, Korean, Chinese, and Taiwanese to Vietnamse
- English to Khmer or Laos