How to protect our patent in Vietnam?

by sblaw | May 31, 2016 11:42 pm

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:

 

 

Being novel Being of an inventive step Being susceptible of industrial application
Patent for invention           +                    +                    +
Patent for utility solution          +
                   +                    +

 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:

 

                Time Frame       Content of examination
Beginning of the national phase 31 months from the date of priority Submitting all required documents
Formality examination 1-3 months from the filing date (if all required documents are submitted) or from the date of supplementation of all documents Examination of formality of the patent application
Publication 19 months from the filing date after the acceptance of application (if no request for early publication) Publishing application in IP Gazette
Substantive examination 18 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) Examination of criteria of protection of the patent application
Granting 01-03 months from the date of Notification to Grant Patent for Invention/Utility solution – The Applicant pay the registration and publication fees

– Publishing the Patent in IP Gazette

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:

– 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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Source URL: http://ipright.vn/protect-patent-vietnam/