The first-to-file principle for filling patent application in Vietnam

The first-to-file principle for filling patent application in Vietnam
April 02 01:43 2014 Print This Article

Viet Nam adopts the first-to-file system, i.e. where two or more applications are filed by many different parties for registration of the same invention, the patent may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions;

Where there are two or more applications satisfying all the conditions for the grant of patent and having the same earliest priority or filing date, the patent may only be granted to a single application out of these applications under an agreement by all applicants.

Without such an agreement, all these applications shall be refused for the grant of a patent.

Accordingly, it is advisable to file an application for a patent as soon as possible after the invention and not to make the invention public before filing the application.

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