Obligation to use inventions

wners of inventions are obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defense, security, disease prevention and treatment and nutrition for the people or to meet other social urgent needs.

Protection of Utility Model in Vietnam

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

PROCEDURES RELATED TO PATENTS IN VIETNAM

1. General provisions on maintenance of validity of protection titles Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date.Invention patent’s validity should be maintained annually. Utility solution patents shall have a validity...

PCT Regime in Vietnam

S&B Law would like to provide you guideline for PCT Regime in Vietnam as follows[...]

Annuity payment of Patent

Question: I would like to inquire you about the detailed charge of annuity of Patent (from the 1st year to the 20th year). Looking forward to your reply. Answer: Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the...

Issuing the Patent Certificate in Vietnam

If the patent is granted, the NOIP shall request the applicant to pay the fee for the grant of a patent, the fee for notification of the patent grant decision, the registration fee and the fee for maintenance of the first year’s validity of the patent[...]

Competence and procedures for licensing of inventions under compulsory decisions

The Science and Technology Ministry shall issue decisions on licensing of inventions based on the consideration of requests for licensing in the cases below after consulting opinions of the Science and Technology Ministry[...]

New Utility Model Application in Vietnam

In order to file an utility solution application in Vietnam, applicant is required to provide with us the following document:

Vietnam – Quotation for Entry into National Phase of PCT Application

Question: I want a patent registration through PCT in Vietnam. If you can, please advise me as following matters. 1) How long and how much does it cost to completion? 2) Any other documents needed? Answer:  We refer with thanks to your email concerning the above matter and we would like to advice...

Use of an invention

Manufacturing the protected product[...]

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS PATENT IN VIETNAM

1.Procedure for amendment/ transfer of invention or utility solution applications 1.1 Procedure for amendment of invention or utility solution applications -Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend...
Tư vấn luật Viễn thông và Công nghệ thông tin

Patent in Vietnam

The required documents for filling patent in Vietnam

Right of prior use of inventions

Where a person has, before the publication date of an invention registration application, used or prepared necessary conditions for use of an invention identical with the protected invention stated in such registration application but created independently [...]

Request for the Substantive Examination of patent application

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.

Patent Examination Procedure under Vietnam IP Law

Patent examination procedure is regulated as follows: