Patent in Vietnam

ASLAW

Patent in Vietnam

When filing a patent in Vietnam, patent applicants must be informed of the fees, documentation required, and method for filing a patent in Vietnam, including PCT patents and direct patents.

What is the definition of a patent in Vietnam?

The term “invention” refers to a technological solution in the form of a product or a process that uses natural laws to address a problem. The mode of the grant of an invention patent or utility solution patent will also be used to protect the invention.

In general, Vietnam considers the following subjects to be protected:

  • Process or method
  • Products
  • Formula, composition, chemical mixture

Types of patent in Vietnam

In Vietnam, there are two different types of patents:

  • Utility solution (petty patent)
  • Patent for invention

What are the patent priority claims available in Vietnam?

In Vietnam, a patent can be filed in one of three ways:

  • Direct filing: A foreign patent applicant might directly apply for a patent in Vietnam.
  • PCT Patent: 31 months from the first filing date.
  • Paris conventions: 12 months from the first filing date.

Under the PCT and Paris conventions, a patent can be filed in Vietnam if it is entered in Vietnam within a certain time frame.

Patentability requirements in Vietnam

In Vietnam, the criteria for patent protection are as follows:

  • Novelty step: An invention is considered new if it was not publicly disclosed previous to the filing date or, when priority is claimed, the priority date of the patent application, by usage, written description, or any other means inside or outside the nation.
  • Inventive step (not applicable to utility solution): An invention is considered inventive if, in relation to technical solutions already disclosed to the public by use, written description, or any other means inside or outside Vietnam prior to the date of filing, or the priority date where priority is claimed, of the patent application, it represents an inventive step that cannot be easily accomplished by a person skilled in the art.
  • Industrial applicability: An invention is considered to have industrial application if it can be used in mass production or manufacturing of the product, or if the procedure that is the subject of the invention can be repeated to produce consistent results.

Patent validity in Vietnam

Validity term of a patent in Vietnam:

  • Patent for utility solution: 10 years from the filing date.
  • Patent for invention: 20 years from the filing date.

The annuity patent fee must be paid yearly after the invention is granted in order to retain the patent’s validity.

What documents are required to file a patent in Vietnam?

The following documents must be included in a patent application dossier filed with IP VIETNAM (or its brand offices in Ho Chi Minh City or Da Nang):

  • POA (drafted by ASLAW): Signature only. A copy via email is acceptable, the original one shall be submitted later.
  • Specification of the patent: If a client does not know how to draft a patent specification, ASLAW may assist our clients in drafting such document.
  • Claims of patent
  • Drawing (if any)
  • Certified copy of priority document (if any)
  • Name and Address of inventor and applicant.

Because a Vietnamese translation of the specification is required, it is preferable to use professional and experienced patent attorneys in Vietnam to avoid mistranslation from the original language to Vietnamese.

Patent Filing Procedure in Vietnam

  • Filing the application: To obtain a patent right, you must file an application to the Intellectual Property Office of Vietnam (IP VIETNAM) and undertake examinations to determine whether the application meets all of the patentability requirements in accordance with national law.
  • Formality examination: A patent application submitted with the IP VIETNAM is subject to a formality examination in order to determine its validity. This process often takes 1-2 months from the date of filing. However, due to a overload of work at the National Office of Intellectual Property, the real period may be longer.
  • Publication of the Patent Application: The Industrial Property Gazette publishes the application when it passes the formality examination and the decision of acceptance of a valid application is issued. IP VIETNAM will publish the application in the Official Gazette after 19 months have passed since it was filed, or after it has been accepted as a valid application.
  • Request for the Substantive Examination: Only after a substantive examination, which may be requested by the applicant or a third party, may a patent be issued.
  • Substantive Examination: IP VIETNAM will conduct a substantive examination to determine if the claimed invention should be patented. The first substantive office action must be granted within 18 months following the request for substantive examination or the publication date, whichever comes first, according to Vietnamese law. This process often takes 12-16 months from the publishing date.
  • Granting Vietnam patent: Within 1-3 months from the notice of patent granting, once a decision to grant a patent has been made, the patent right will take effect as soon as it is placed in the Patent Register, assuming the applicant pays the patent fee. At the same time, a patent number is assigned to the invention. After a patent is registered, the applicant will get a patent certificate.
Patent Filing Procedure in Vietnam

Why should you choose ASLAW’s services?

  • To save our customers time and money, ASLAW can translate patent specifications into Vietnamese from a variety of languages, including English, Japanese, Korean, Chinese, and Taiwanese.
  • ASLAW has a team of attorneys specializing in patents.
  • ASLAW can utilize cutting-edge technology to keep track of patent portfolios from filing through granted and thereafter.
  • ASLAW accept flexible billing methods.

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