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 protection in the form of a Patent for Invention/Utility Solution when it satisfies these following conditions:
|
|
Being novel | Being of an inventive step | Being susceptible of industrial application |
| Patent for invention | + | + | + |
| Patent for utility solution | + |
+ | + |
2.Validity of Patent for Invention/Utility Solution:
Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.
Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.
3.Procedure and timeline:
A patent application will be examined through the following process:
| Time Frame | Content of examination | |
| Beginning of the national phase | 31 months from the date of priority | Submitting all required documents |
| Formality examination | 1-3 months from the filing date (if all required documents are submitted) or from the date of supplementation of all documents | Examination of formality of the patent application |
| Publication | 19 months from the filing date after the acceptance of application (if no request for early publication) | Publishing application in IP Gazette |
| Substantive examination | 18 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) | Examination of criteria of protection of the patent application |
| Granting | 01-03 months from the date of Notification to Grant Patent for Invention/Utility solution | – The Applicant pay the registration and publication fees
– Publishing the Patent in IP Gazette |
Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.
4.Required documents and information:
For us to filing a patent application, the following documents/information should be provided:
- The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date);
- The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;
- The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);
– Name and address of:
– Applicant;
– Author(s) of invention/utility solution;
– A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.
