Patent Examination Procedure under Vietnam IP Law
Patent examination procedure is regulated as follows:
Guidance for filling patent in Vietnam
If client would like to file an patent in Vietnam, SBLaw would like to provide our guidance as follows:
Filing the patent application in Vietnam
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[...]
Characters of invention
An invention shall be considered novel if it has not yet been publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application[...]
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...
Protection of Utility Model in Vietnam
SBLAW would like to introduct the procedure of filing utility model in Vietnam as follows:
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...
The Decision of Refusal of patent application
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[...]
Patent registration through PCT in Vietnam
The agency competent to receive international patent applications in Vietnam is the NOIP. The NOIP shall[...]
Formality examination of Vietnam patent
A patent application filed with the NOIP shall be subject to formal examination for evaluating its validity.
Enquiry for National Phase Entry in Vietnam
Client: We have a client is considering filing national phase entry in Vietnam. The patent has 01 independent claims, 19 pages of English specification and 3,085 words of specification.
Please provide us with your cost estimate (inclusive of official fees, translation costs, your professional fees and disbursements) for entering this application in Vietnam.
We await...
Provisional rights to inventions
Where an applicant for registration of an invention knows that such invention is being used by another person without prior use right for commercial purposes[...]
Registration procedure for patent in Vietnam.
1. Minimum documents
- 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN;
- 02 descriptions of the invention or utility solution; ;
+ 02 invention protection coverage (hereinafter referred to as the protection coverage or protection claim);
- Fee and charge receipts.
2. Other...
Conditions for inventions eligible for protection
An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions[...]
How to protect our patent in Vietnam?
Question: We would like to know the procedure for protecting the patent in Vietnam, please advise?
Answer: Regarding your enquiries concerning the subject matter, we would like to advise you procedure in relation to the patent registration proceeding in Vietnam as follows:
1.PATENT/UTILITY SOLUTION REGISTRATION
Protection criteria:
A patent shall be eligible for...


















