Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

 

Register patent in Vietnam

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

 Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filing a Patent on an invention or a utility in Vietnam.

1. Our services in Patent for invention and Utility model

Our services in Patent field include:

-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;

-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;

-Maintenance;

-Amendment;

-License;

-Assignment;

-Opposition against proceedings;

-Appeal;

-Cancellation;

-Invalidation;

2. How to file a patent in Vietnam

Inventors or Organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.

An invention shall be protected in Vietnam when it satisfies the following conditions:

-Novelty;

-Inventive step;

-Industrial applicability;

3. 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 applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

4. Patent Examination Procedure

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

-Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as 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 is within 02 months from publication date of 19 months from priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay fee.

-Issuing the Patent of Invention.

5. Patent Term and Maintenance

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

 

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When should a startup file for a patent?

Each jurisdiction is different in terms of its “first to disclose”, “first to file” and “first to invent” rules. First to file and first to invent - Wikipedia

You should file a provisional patent application as soon as possible (to establish your patent’s priority date) if you are filing your patent application in the US because USPTO follows a “first inventor to file” rule. First Inventor to File (FITF) Resources

Vietnam Patent 

I’ll recommend the following course of action to help you file a provisional patent application as quickly as possible:

a) Conduct a through prior art search as soon as possible to make sure that your idea is novel, non-obvious to others in your field, and has utility in real life.

b) Draft your first independent claim. Draft any additional independent claims if you’ve more than one. Don’t waste your time on drafting any dependent claims at this stage.

c) Focus on writing as many possible embodiments you can think of for implementing not only your independent claim(s) that you have drafted but also for all possible dependent claims (that you’ve not drafted). Refer to 2164-The Enablement Requirement to guide you in writing your embodiments.

d) While drafting your embodiments, draw as many diagrams as possible to show your invention and its implementation. Follow Patent Drawing Rules: Everything You Need to Know. No need to use any fancy tools for doing your diagrams. Make your drawings by hand for now to save some time.

e) Provide a brief definition of any special terms that you are using in your patent claims and embodiments.

f) Draft a paragraph to serve as abstract. No need to write any paragraphs covering background of the invention or summary of the invention. Providing a list of prior art is also not needed at this stage.

You are now ready to file a provisional patent application. File it without any delay to establish a priority date. You’ll have a full year to file your non-provisional patent after this date. During this one year time, also called a “pendency period”, patent process is pending till you file your non-provisional patent application.

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