Protection of Utility Model in Vietnam

Protection of Utility Model in Vietnam
October 20 15:46 2014 Print This Article

SBLAW would like to introduct the procedure of filing utility model in Vietnam as follows:

 

1. Criteria for protection of utility model (utility solution) under the Vietnam IP Law:

  • Novelty
  • Industrial applicability

2. Time Frame of utility solution (utility model) application in Vietnam as follows:

A Vietnam utility model (utility solution) shall be passed through three stages:

Time Frame

Content of examination

Formality examination of utility model application/utility solution application in vietnam 1 month from the filing date (if all required document is submitted)
or from the date of supplementation of all documents.
Examination of formality of utility model application/utility solution application
Publication of utility model application/utility solution application 19 months counted from the date of acceptance of utility model application/utility solution application Publishing utility model application/utility solution application in IP Gazette
Substantive examination of utility model application/utility solution application 13 months from the publication date of required date Examination of criteria of protection of utility model application/utility solution application.

 

3. Required document for filing utility model application in Vietnam/ utility model application/utility solution application in Vietnam

  • Specification of utility model/utility solution
  • Power of Attorney (POA)
  • Certified document for claiming priority right (if any).

Note:

  • Utility model application/utility solution application claiming Paris Convention priority must be filed within 12 months from the priority date.
  • In Vietnam, the process of utility model application/utility solution application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
  • After receiving the above mentioned document, we will prepare and file patent application into NOIP.

4. Validity of protection of Utility Model in Vietnam as follows:

Under the Vietnam IP LAW, Validity of protection of Utility Model in Vietnam is 10 years counted from the filing date.

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