Quotation for Intellectual Property Registration in Vietnam

Question: Please provide us the Quotation for Intellectual Property Registration in Vietnam?

Answer: Thank you very much for your interest in our IP service. Regarding the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn.

Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the intellectual property registration proceeding in Vietnam as follows:

I.PATENT/UTILITY SOLUTION REGISTRATION

1.Procedure

 1.1. 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:

 1.2 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.

1.3.Procedure and timeline:

A patent application will be examined through the following process:

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.

1.4.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.

1.5.Fee schedule

 The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:

Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($30-40) and communication costs ($30-40); do not include additional fees in case of refusal in formality examination or being opposed by the third party or refusal in sustainable examination. In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

II.INDUSTRIAL DESIGN REGISTRATION

 1.Procedure

 1.1.Protection criteria:

A industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:

1.2.Validity of Patent for Industrial Design:

Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years.

1.3.Procedure and timeline:

An industrial design application will be examined through the following process:

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.

2.4.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;

Name and address of:

• Applicant;
• Author(s) of industrial design;
• Title of the industrial design;

Indication of the kind of products for which the industrial design is to be used;

1. Priority document (if any);
2. The set of picture of the industrial design under the guideline of SBLAW;

2.5.Fee schedule for registration of 01 industrial design

According to the information as you provided, we are pleased to inform you the registration fee for 01 industrial design in a favorable case is ……………….. (…………………………….).

 Note: This fee include the office fee of NOIP and our agency fee, fee for granting patent; exclude 5% VAT, fee for responding NOIP’s Action, fee for amending the application (If any). We will inform you all arising fees for your decision before taking any action.

 III. TRADEMARK REGISTRATION

3.1.Procedure and Timeline

The duration of a trademark search is around 10-15 working days.

The duration of trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. The process involves these stages: (1) formality examination and publication in the Gazette (3 months); (2) substantive examination (9 months) and (3) issuance of registration certificate of the registered mark (2 months). Kindly note that the term for registration process in practice normally takes up to several months longer due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

 3.2Fee Schedule

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for search and registration for one trademark in a smooth case, for your consideration:

 Fee for searching of 01 trademark/01 class

 Fee for registration of 01 trademark

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT; do not include additional fees in case of refusal in formality examination or being opposed by the third party or refusal in sustainable examination (e.g: due to similarity/to identity with other trademarks which were already registered…) In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

 3.3.Required Documents and Information

• Name and address of the Applicant;
• List of Goods/Services;
• Specimen of the applied mark (soft version);
• An original Power of Attorney which is simply signed by the Applicant (our form in attachment) (Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date).