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The Substantive Examination of patent application

By
sblaw
-

The purpose of substantive examination of patent applications is to assess the patentability of objects claimed in the application under the requirements and corresponding protection scope.

A substantive examination will be carried out by examiners of the NOIP within 12 months from the date of receiving the request for substantive examination.

If the applicant, in the course of substantive examination, corrects or supplements documents or makes justifications on his/her own initiative or upon the request of the NOIP, the time limit for substantive examination may be prolonged for a period of time during which the applicant does so.

Request for the Substantive Examination of patent application

By
sblaw
-

An substantive examination of the application will be carried out only for which the applicant or a third party has filed a request for examination and paid the examination fees within 42 months as of the filing date or the priority date, as applicable, and the time limit for making request for substantive examination of an patent application involving a request for a utility solution patent shall be 36 months counting from the filing date or the priority date, as applicable.

Where no request for substantive examination is filed within the time limit mentioned above, the invention registration application shall be considered having been withdrawn at the expiration of that time limit.

Publication of the Vietnam Patent Application

By
sblaw
-

IP Vietnam Law regulated the publication of Vietnam patent application as follows:

The patent application accepted as valid shall be published by the NOIP in its Industrial Property Official Gazette in the nineteenth (19) month from the date of priority or the filing date in case the application has no date of priority or within two (2) months after being accepted as a valid application, whichever is later for oppositions and comments of third parties.

Applicants shall pay a fee for such publication.

Patent applications under the Patent Cooperation Treaty (PCT) shall be published within two (2) months from the date it is accepted as a valid application and enters the national phase.

Patent applications containing a request for earlier publication shall be published within two (2) months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Refuse to accept the valid patent application

By
sblaw
-

The refuse to accept the valid patent application is regulated as follows:

If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application and, upon the applicant’s request, refund the paid fees and charges for jobs to be done after the formality examination.

The applicant and all organizations and individuals having rights and interests directly related to decision may lodge complaints with the Director General of NOIP or initiate a lawsuit at court if they disagree with this decision within 90 days from the date the person having the right to complaint receives the notice of this decision.

Within 10 days from the date of receipt of a complaint about the decision of refusal, NOIP shall issue a notice of acceptance or rejection of such complaint, clearly stating the reason(s) for rejection.

Upon the expiration of the time limit for settlement of the complaint about the decision concerning the patent application (the 1st complaints), if the complaint is not settled or complainants disagree with complaint-settling decisions of the NOIP, the complainants or persons having rights and interests directly related to the decision may further lodge their complaints (the 2ndcomplaints) to the Minister of Science and Technology or initiate lawsuits at court within 30 days from the date of expiration of the time limit for settlement of the 1st complaint if by that date the 1st complaint is not settled, or from the date the person having the right to complaint receives or knows about the decision on settlement of the 1st complaint.

Upon the expiration of the time limit for settlement of the 2nd complaint above or if the complainant disagree with complaint-settling decisions of the Minister of Science and Technology, such complainant or person may initiate lawsuits at court.

Request for correction and amendment of Vietnam patent application

By
sblaw
-

Request for correction and amendment of Vietnam patent application is regulated as follows:

Before the expiration of the time limit above, the NOIP shall complete the formality examination of applications and send notices on examination results to applicants.

For a valid application, the NOIP shall send to the applicant a notice on acceptance of valid application.

For an application failing to meet formal requirements, the NOIP shall issue:

A notice of intended refusal to accept valid applications, clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal and set a time limit of one month from the date of notification for the applicant to give opinions or correct errors;

Formality examination of Vietnam patent

By
sblaw
-

A patent application filed with the NOIP shall be subject to formal examination for evaluating its validity.

The time limit for formality examination of an application is one (1) month from the filing date.

In the course of formality examination, if the applicant corrects or supplements documents on his/her own initiative or upon the request of the NOIP, the time limit for formality examination may be prolonged for a period of time during which documents are corrected or supplemented.

The first-to-file principle for filling patent application in Vietnam

By
sblaw
-

Viet Nam adopts the first-to-file system, i.e. where two or more applications are filed by many different parties for registration of the same invention, the patent may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions;

Where there are two or more applications satisfying all the conditions for the grant of patent and having the same earliest priority or filing date, the patent may only be granted to a single application out of these applications under an agreement by all applicants.

Without such an agreement, all these applications shall be refused for the grant of a patent.

Accordingly, it is advisable to file an application for a patent as soon as possible after the invention and not to make the invention public before filing the application.

Filing the patent application in Vietnam

By
sblaw
-
Single Red Document Folder among Many Blue on White Background 3D Illustration, Find Documents Concept

In order to obtain the patent right in Viet Nam, you must file the application for granting a Patent (for Invention and for Utility solution separately), directly or by mail, to the National Office of Intellectual Property of Viet Nam (NOIP) or its branches offices in Ho Chi Minh City or Da Nang.

Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a patent either directly or through a lawful representative in Viet Nam.

Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a patent through a lawful representative in Viet Nam.

Besides, foreign applicants can also obtain a patent right in Viet Nam by filing an international application which designates or selects Viet Nam through the PCT system.

Applicant must carry out procedures for registration of an invention under the PCT’s provisions at NOIP within 31 months from the international filing date or from the priority date, if the priority right is claimed in the application.

Patent Examination Procedure under Vietnam IP Law

By
sblaw
-

Patent examination procedure is regulated as follows:

Applicants should be aware of the examination process a patent going through the National Office of Intellectual Property of Viet Nam (NOIP). This process is begun with the filing of a patent application with NOIP and completed by granting a patent

Patent examination procedure consists of following steps:

 

  1. Filling the patent application.
  2. Formality examination
  3. Request for correction and amendment
  4. Refuse to accept the valid application
  5. Publication of the Patent Application
  6. Request for the Substantive Examination
  7. The Substantive Examination
  8. The Substantive Examination
  9. Notification of the Substantive Examination Results
  10.  The Decision of Refusal
  11. Request to pay fee
  12. Entry into the National Register of Industrial Property and publication of the patent

Required documents of patent application in Vietnam

By
sblaw
-

To file a patent in Vietnam, required documents of patent application are as follows:

a)  A request made in prescribed form);

b)  Documents, samples, information identifying the invention/utility solution claimed for protection (e.g. a request, a description of the invention, an abstract, and other requirements for inventions in the field of biotechnologies, pharmaceuticals, generic resources and traditional knowledge);

c)  Power of attorneys (POA);

d)  Documents evidencing the right to registration, if acquired by the applicant from another person;

e)   Documents evidencing the priority right, if claimed;

f)   Receipt of fees and charges.

All documents of the patent application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.

Intellectual Property Law Firm in Vietnam

By
sblaw
-

S&B Law – intellectual property law firm was certified by National Office of Intellectual Property (NOIP) under the Vietnam Ministry of Science and Technology having an extensive network throughout Vietnam and the world.

To be acutely aware that the construction, protection of intellectual property such as trademarks, patents, industrial designs, geographical indications, copyright,… for business is a key issue in the current integration period now, so, with a team of patent and trademark attorneys experienced in the field of intellectual property, training at the most prestigious universities on the world, S&B Law guaranteed to provide customers with innovative and highly practical solutions in the field of the protection of intellectual property rights in Vietnam and abroad.

S&B services include but are not limited to the following areas:

– Advising and drafting application of trademarks, patents, utility solutions, industrial designs, geographical indications, copyright and other objects of intellectual property rights in Vietnam and countries around the world.

– Advising and drafting documents for registration of technology transfer contracts, licensing, franchising contracts, trademark … and franchise contracts (franchise).

– Representative of dispute resolution regarding infringement of intellectual property rights in Vietnam and in foreign Countries.

S&B Law undertoke that we will be a partner and the first choice of entrepreneurs and investors.

Guidance for filling trademark in Vietnam

By
sblaw
-

If client would like to file a trademark in Vietnam, S&B Law would like to provide our guidance as follows:

REQUIRED INFORMATION

1. Name and address of applicant.

2. List of goods/services and/or classes of goods/services bearing the mark (according to the last edition of international classification under Nice Agreement).

3. If priority is claimed: statement of country, application number and filing date of original foreign application from which priority is claimed.

4. Transliteration and meaning of the mark if it is contains foreign characters other than English

REQUIRED ENCLOSURES

1. Power of Attorney (PoA), simply signed by the applicant. The applicant may not submit or submit only copy of the PoA at the time of filing the application, but the original one must be submitted within 1 month from the filing date.

2. 15 samples/prints of the mark, the size of which do not exceed 8 cm x 8 cm.

3. If the Convention priority is claimed: a certified copy of the priority document(s) and its English translation is required.

GENERAL INFORMATION:

1. The validity term of registration certificate is of 10 years from filing date. It is renewable, each of 10 years.

2. The validity of a registration may be suspended by a request of any third party if the trademark is not used in five consecutive years without proper reason.

Guidance for filling patent in Vietnam

By
sblaw
-

If client would like to file an patent in Vietnam, SBLaw would like to provide our guidance as follows:

I.For National patent application:

REQUIRED INFORMATION

1. Name, address and nationality of the applicant.

2. Name, address and nationality of the inventor.

3. Title of the Invention/Utility solution.

4. Data of Convention priority, if any  (Original country, Application number and filing date).

5. Name and address of the inventors

REQUIRED ENCLOSURES:

1. Patent specification in English version including description, claims, abstract and drawings, if any.

2. Power of Attorney (PoA) which is simply signed by the applicant. The lack of PoA may be accepted at the time of filing application. However, it’s better if the client can provide copy of PoA at that time. The original PoA must be submitted within 01 months from filing date.

3. Deed of Assignment, if the applicant and inventors are not the same;

4. Certified copy of the priority document, if priority right is claimed. This certified copy must be submitted within 03 months from filing date.

II.For Entering Vietnam National Phase of PCT application:

For a PCT application, the time limit for entering into the National Phase is 31 months counted from the priority date if Vietnamese is designated and selected.

1. PCT documents: Copy of the PCT application and amendments thereof according to Article 19 of PCT, PCT publication, International Preliminary Examination Report, and Amendment, if any;

2. The original POA can be submitted within 01 months from filing date;

Remark: As the Vietnamese translation of the patent specification must be submitted at the time of filing, the English version is required to early provide for translation. If early sending document is not convenient, the PCT application number should be early informed for downloading the specification from PCT database.

GENERAL INFORMATION:

1. Request for substantive examination must be filed within 42 months (as for invention) or 36 months (as for utility solution) from priority date.

2. Term for entering National phase in Vietnam of PCT application is 31 months from priority date.

3. The validity term of Patent is 20 years for invention and 10 years for utility solution, counted from the legitimate filing date and effective from the granting date.

5. Annuity is required to be paid from the 1st effective year.

Registration of Industrial Design in Vietnam

By
sblaw
-

If client would like to file an industrial design in Vietnam, SBLaw would like to provide our guidance as follows:

I.REQUIRED INFORMATION

1. Name, address and nationality of the applicant;

2. Name, address and nationality of the designer;

3. Stating the article for which registration is sought (title of design);

4. The class in which the design is to be registered according to the Locarno International Classification, if any;

5. Statement of country, serial number and filing date of the original foreign application (first filing), if priority is claimed.

II.REQUIRED ENCLOSURES

1. Six (06) sets of pictures (photographs or drawings) illustrating the design. The pictures must not exceed the international size A4. All pictures must be made in the same scale. There must be as many pictures as it takes to show all of the different sides of the design.

2. Brief description of design in English

3. Power of Attorney: copy of Power of Attorney is accepted for filing application but the original one must be submitted within 01 month from the filing date.

III.GENERAL INFORMATION:

1. The validity term of the registration is 5 years from the regular filing date and effective from the granting date, with possible extension of two additional 5-year periods (max.15 years).

2. Different variations of a design can be filed in a single application or separate applications. In the latter case, a statement of the design is a variation of the previously filed design is required. All variations of a design will be granted with only one Certificate.

3. Time necessary for obtaining registration is 10 months basically.

Intellectual Property and Technology transfer in Vietnam

By
sblaw
-

SBLAW  provides  full  range  of  intellectual  property  services  covering  research and advice on IP laws, filing and prosecution of applications for patent,  trademark, industrial design, copyright  and domain name, copyright protection, watching and investigation of IP right Infringement, assistance in negotiation and obtaining IP Right Licensing, assignments and renewals, availability searches, initiating procedures for oppositions and cancellations; negotiation and drafting of contracts on licensing, technology transfer, franchising and distribution; and taking enforcement, anti-counterfeit action and commercial exploitation of  IP rights.

Our IP practice covers not only in Vietnam but also other countries in Asia and other regions where our associated offices locate.  In addition, we are co-operating with our associated IP Agents in Australia, China, Germany, Hong Kong, Indonesia, Japan, Korea, Malaysia, Singapore, Thailand, UAE and USA to protect IP rights for clients in Vietnam and abroad.

Our key achievements:

▶ Acting for Military Bank, VSTV, Ryukyu Cultural Technological Village Co., Ltd, KOVA etc for trademark registration in Vietnam, Laos and Cambodia;

▶ Acting for Ryukyu Cultural Technological Village Co., Ltd being a plaintiff in a case relating to copyright infringement over its hand-made glasses in Vietnam;

▶ Acting for VTC Online in negotiation with Sony Music Entertainment relating to use of music works in Vietnam;

▶ Acting for a foreign invested company being a defendant in a case relating to copyright infringement over software in Vietnam;

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