How to maintain patent in Vietnam?

1. Vietnam Patent validity term and maintenance

 

A patent in Vietnam for invention become effective from the grant date to the end of 20 years commencing from the filing date (subject to annuity payment), without any extension.

 

A term for a patent for utility solution in Vietnam is 10 years counted from the filing date.

 

In order to maintain the validity of patent in Vietnam, the patent owner shall pay annuity including maintenance fee and usage fee within six months before the expiration of the validity term. The payment of the annuity may be delayed for no more than six months after the expiration of the current validity term but the patent holder shall pay the maintenance fee plus 10% for each month of delayed payment.

 

2. Required documents for maintenance of patent in Vietnam

 

According to the provisions of Circular 01/2007/TT-BKHCN, the bellow documents are required to maintain a patent in Vietnam:

 

2.1. Application for maintenance of patent in Vietnam;
2.2. Power of attorney (if the application is filed through a representative);
2.3. Receipt of official fees;
2.4. Other documents (if any).

 

3. Fees for maintenance of patent in Vietnam

 

In order to maintain the validity of patent in Vietnam, the following breakdowns of annuity are applied:

 

3.1. Examination fee of Application for maintenance of patent in Vietnam: depending on the number of Patent
3.2. Fee for maintenance of patent in Vietnam: depending on the number of independent claim
3.3. Fee of using the patent in Vietnam: depending on the number of independent claim
3.4. Fee for registration of the Decision of maintenance recordal of patent in Vietnam: depending on the number of the Decision
3.5. Fee for publication of the Decision of maintenance recordal of patent in Vietnam: depending on the number of the Decision
3.6. Late annuity payment (if any) is 10% for each month of late payment

 

4. Time frame and procedure for maintenance of patent in Vietnam

 

There is a grace period for no more than six months after the expiration of the current validity term to pay annuity but the patent holder shall pay the maintenance fee plus 10% for each month of delayed payment as described in the Item of Fees above.

 

The first annuity is requested to be paid at the time of paying the grant fees.

 

The NOIP shall consider an application for maintenance of patent in Vietnam within one month from the date of receipt of the maintenance application and the fees. However, in current practice, it takes from 4 to 6 months.

 

If the application has no defect, the NOIP shall issue a Decision on maintenance recordal, then register and publish the Decision in the Industrial Property Official Gazette within two months counted from the date of issuance of the Decision.

 

The NOIP shall issue a Notice of intention of refusal to maintain the validity of patent in Vietnam, clearly stating the reason for refusal and setting a time limit of two months from the date of notice issuance for the applicant to correct defects or make arguments against if the application for maintenance of Patent in Vietnam falls into one of the following cases:

 

i. It is invalid or filed in contravention of the prescribed procedures;
ii. The applicant is not the patent holder; and
iii. Late payment after grace period.

 

If within the set time limit the applicant fails to correct the defects or unsatisfactorily corrects the defects, submits no response or unreasonable arguments, the NOIP shall issue a notice of refusal to maintain validity of patent in Vietnam.

 

Should you need more information or further advice on patent in Vietnam, Laos, Should you need more information or further advice on patent in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email at patent@ageless.com.vn

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