Patent in vietnam

The agency competent to receive international patent applications in Vietnam is the NOIP. The NOIP shall[...]

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[...]

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[...]

On the date of expiration of the time limit for substantive examination of an application at the latest, the NOIP shall send to the applicant one of the following notices:

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[...]

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.

IP Vietnam Law regulated the publication of Vietnam patent application as follows[...]

The refuse to accept the valid patent application is regulated as follows[...]

Request for correction and amendment of Vietnam patent application

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

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[...]

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 is regulated as follows:

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

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