How to file a patent in Vietnam

25/01/2016 - 1128 views

Inventors, Organizations, or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring are entitled with rights to file a patent application in Vietnam.

An invention shall be protected by mode of the grant of invention/Utility Model patent in Vietnam when it satisfies the following conditions:

–Novelty;
–Inventive step (not applied to Utility Model patent);
–Industrial applicability;

            How to file filling a patent in Vietnam

1. Required information and documents

 

For the purpose of filling the patent application in Vietnam, the following documents will be required:

– Full name and address of the applicant(s);
– Full name, address and nationality of the inventor(s).
– Original Power of Attorney (POA) from the Applicant(s);

The POA must be signed by the applicant or a legal representative person if the Applicant is a company/organization and no further notarization or legalization required;

– The description, drawings and abstract in Word format and/or the amendment (if any);
– Certified true copy of priority document (if any).
Applications claiming Paris Convention priority must be filed within 12 months from the priority date.

 

2. Time limit

 

The application should be filed into Vietnam before the following deadlines:

– For PCT application: within 31 months from the priority date.

– For non-PCT application: within 12 months from the priority date.

 

3. Patent Examination Procedure

 

The patent application will be examined by the National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

  • Filing the patent application within the time limit
  • Formality examination: Under Vietnam patent law, the above invention application will be examined as to form within one [01] month from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed.
  • Publication of the Patent Application: Within 02 months from the formality acceptance date or within 19th month counted from the priority date, depending on the date that comes later.
  • The Substantive Examination:

Substantive Examination does not automatically proceed, and the applicant must file a request for substantive examination within 42 months from the priority date for patent application (or within 36 months for utility model application), otherwise, the application will be considered as withdrawn.

Time frame: This duration takes 18 months from the publication date or the requested date of substantive examination that comes later. The application will be examined to consider the patentability of the Invention/Utility Solution.
• The Decision of Refusal or Request to pay the fee.
• Issuing the Patent.

 

4. Patent Term and Maintenance

 

Invention/Utility Model patent shall each has a validity starting from the granting date and expiring at the end of 20/10 years after the filing date, respectively. Patentee is required to pay annuity fees after granting in order to maintain its validity.

Should you need more information or require advice on patent in Vietnam, Laos, Cambodia and Myanmar as well as other IP matters, please do not hesitate to contact us via email: info@ageless.vn