As one of the leading Vietnamese IP law firms, SBLaw would like to advise you procedure and our fee schedule in relation to the patent registration proceeding in Vietnam as follows:
1. Procedure
a. Protection criteria:
A patent shall be eligible for protection in the form of the grant of a Patent for Invention/Utility Solution when it satisfies the following conditions:
|
Being novel |
Being of an inventive step |
Being susceptible of industrial application |
|
|
Patent for invention |
P |
P |
P |
|
Patent for utility solution |
P |
P |
b. Validity of Patent for Patent/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.
c. Procedure and timeline:
A patent application will be examined through the following process:
|
Time Frame |
Content of examination |
|
| Formality examination | 1-3 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents | Examination of formality of the patent application |
| Publication | 19 months from the date of acceptance of application (if no request for early publication) | Publishing application in IP Gazette |
| Substantive examination | 18 months from date or the date of filing of the 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
d. 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). Please find enclosed the form of POA for your simple prosecution;
– Name and address:
+Applicant;
+ Author(s) of the 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.
2. Fee schedule
The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:
i. Filing fees:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification) |
11.00 |
100.00 |
| – Addition charge for each independent claim from the second one |
11.00 |
50.00 |
| – Additional charge for each page from the sixth one |
0.70 |
1.00 |
| 2. Claiming priority right |
36.40 |
50.00 |
| 3. Publication of invention/utility solution application |
7.30 |
35.00 |
| 4. Request for substantive examination for each independent claim |
32.80 |
40.00 |
| 5. Translating fee from English into Vietnamese, ….. words (US$7.00 per 100 words) |
– |
……. |
ii. Estimated fee for granting:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Granting patent for invention/utility solution (including Register and Publication) |
22.00 |
50.00 |
| – Additional charge for each independent claim from the second one |
22.00 |
0.00 |
| 2. Annuities fee for the 1st year for the 1st independent claim |
20.00 |
50.00 |
| – Additional charge for each independent claim from the second one |
20.00 |
0.00 |
Note: The above cost does not include 5% VAT (which is calculated based on our attorney’s fees), bank charge and communication costs (which will be billed on the basic of actual expenses). No other fees are payable in case the application goes smoothly, without any objection from a third party or the NOIP’s examiner.
Fees for responding to any official action include fee for filing a response to official action (at least US$50.00 each time, including official fee and our service charge) and fee for advising, preparing and reviewing which will be charged on an hourly basis at the rate of US$300/hour.
We will obtain client’s approval of any further expenses incurred during the prosecution of the application prior to proceeding.
