Formality examination of Vietnam patent
A patent application filed with the NOIP shall be subject to formal examination for evaluating its validity.
The first-to-file principle for filling patent application in Vietnam
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[...]
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[...]
Patent Examination Procedure under Vietnam IP Law
Patent examination procedure is regulated as follows:
Required documents of patent application in Vietnam
To file a patent in Vietnam, required documents of patent application are 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:
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[...]
Compulsory licensing of inventions
In the following cases, the right to use an invention may be licensed to another organization or individual under a decision of the competent state agency without permission from the holder of exclusive right to use such invention[...]
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 [...]
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[...]
Requirements on invention registration applications
Documents identifying an invention registered for protection in an invention registration application shall include a description of the invention and an abstract of the invention[...]
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[...]
Subject matters are not protected as invention
Scientific discoveries or theories, mathematical methods[....]
Use of an invention
Manufacturing the protected product[...]
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.
