How to protect our patent in Vietnam?

May 31 23:42 2016 Print This Article

Question: We would like to know the procedure for protecting the patent in Vietnam, please advise?

Answer: Regarding your enquiries concerning the subject matter, we would like to advise you procedure  in relation to the patent registration proceeding in Vietnam as follows:

1.PATENT/UTILITY SOLUTION REGISTRATION

Protection criteria:

A patent shall be eligible for protection in the form of a Patent for Invention/Utility Solution when it satisfies these following conditions:

 2.Validity of Patent for Invention/Utility Solution:

Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.

Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.

3.Procedure and timeline:

A patent application will be examined through the following process:

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

4.Required documents and information:

For us to filing a patent application, the following documents/information should be provided:

• The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date);
• The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;

• The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

– Name and address of:

– Applicant;

– Author(s) of invention/utility solution;

– A soft copy in word format of the English specification of the application for translation into        Vietnamese is requested to provide via email at the time of instruction.

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