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.
