PATENT REGISTRATION IN VIETNAM

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PATENT REGISTRATION IN VIETNAM

Date Submitted: 25/03/2022 09:39 AM

    Patents

    An invention means a technical solution in form of a product or a process which is intended to solve a problem by application of laws of nature.

    Patents are one of the most important strategic assets for R&D-intensive firms. They can provide you with a competitive advantage because you will enjoy exclusive rights to exploit your invention commercially. Also, a patent protection provides you with a good opportunity to secure your investment and save your money on the product development.

    Patent Registration

    Our attorneys will file your patent application in Viet Nam and will carry out all necessary tasks before the IPVN in order to obtain registration approval. We will regularly inform you the status of filing, formality acceptance, publication of application, substantive examination and registration, plus a scanned copy of related documents.

    Patent Registration Process

    The steps involved in Registration are as follows:

    Step 1: Application filing

    The minimum filing requirements consist of:

    a) An application for a patent registration;

    b) A copy of an invention or utility solution abstract;

    c) A description of the invention or utility solution

    d) Paper on assignment of the right to file an application (if any);

    e) Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);

    f) A power of attorney from the applicant; and

    g) Priority documents (if any).

    Step 2: Formality Examination

    Once the patent application has been received, the IPVN shall be subject to formality examination within one (1) month from the filing date. If the application meets the formality requirements, the IPVN shall issue a notice on formality acceptance. If not, the IPVN shall issue a notice of intended refusal, clearly stating reasons and setting a time limit for correction and/or supplement. The time limit for this step may be prolonged due to the aforesaid reasons.

    Step 3: Publication of the application

    a) An invention or utility solution registration application shall be published in the nineteenth month from the date of priority or the filing date (without date of priority) or within 02 months after it is accepted as to formality, whichever is later;

    b) An invention or utility solution registration application under the Patent Cooperation Treaty (PCT) shall be published within 02 months from the date it is accepted as to formality and enters the national phase;

    c) An invention or utility solution registration application containing a request for earlier publication shall be published within 02 months from the date the IPVN receives that request or the date it is accepted as as to formality, whichever is later.

    Step 4: Substantive Examination

    The IPVN will be subject to substantive examination within 18 months from the date of publication if a request for substantive examination is filed before the date of publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of publication.

    If the application fulfills the requirements and there is no opposition, the IPVN will issue a notice of its intention to grant the patent registration and request to pay registration fee.

    Otherwise, the IPVN will issue a notice on its intended refusal, clearly stating the reasons and setting a time limit for the applicant to give opinions and satisfy the requirements. The time limit for this step may be prolonged due to the aforesaid reasons.

    Step 5: Notification of refusal

    If the applicant fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the time limit, the IPVN shall issue a decision of refusal. The applicant may appeal against the decision of refusal with Director General of IPVN or initiate lawsuits at the court.

    Step 6: Successful registration

    Within 30 days after receiving the registration fee, the IPVN shall issue the Patent.

    (Patent Examination Procedure (Flowchart – www.noip.gov.vn))

    Renewal & Maintenance

    At Adong, we believe our job does not end with the successful registration of the clients’ patents. We offer a full range of competitively priced renewal and maintenance services. The Validity of invention patent is 20 years, while utility patent is 10 years. The said patents  should be maintained annually.

    To keep validity of patent, you must file a maintenance application with IPVN within 6 months prior the expiry date. If you have passed the deadline, there is a six months grace period in which you may still file your application for an additional fee. Once the grace period is passed, your patent will be invalided and cannot be revived or reinstated.

     

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