Required documents of patent application in Vietnam
To file a patent in Vietnam, required documents of patent application are as follows
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[...]
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[...]
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:
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...
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.
Basic comparison between Patent and Industrial Design in Vietnam
Patent attorney of SBLAW would like to provide client some information on basic comparison between patent and industrial design in Vietnam as follows:
Criteria
Patent
Design
Note
Subject matter claimed for protection
A process, a method in which steps of these process and method shall be included.
A product: protect parts within a product and how...
Conditions for inventions eligible for protection
An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions[...]
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...
Q&A: Registration of patent in Vietnam and USA
Q: We are Vietnam company and would like to know the legal procedure to register patent in Vietnam and USA?
A: Further to our question egarding the registration of patent in Vietnam and USA, SBLAW would like to advise you on procedure and fee for registering patent in these jurisdictions:
1. ...
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[...]
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[...]
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[...]
















