Patent Protection in Vietnam

• General Information
• Filing Information

◄ Return to Intellectual Property

General Information

Invention and Utility Solution are protected on the basis of Patent for Invention and Patent for Utility Solution. For A Utility Solution it is not required to have an inventive step as in case of Invention.

Excluded from patent protection are plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits and computer programs.

1. APPLICATION AND EXAMINATION PROCEDURE

Foreign natural persons not resident in Vietnam or foreign legal persons without a legal representative or a real and effective industrial or commercial establishment in Vietnam may carry out the filing of application and related procedures only through an empowered industrial property agent.

Application for patent must be filed with the National Office of Industrial Property (NOIP) or any Receiving Office established by NOIP. Duration of examination as to form is three (3) months from the date of receiving application.

Examination as to substance shall be conducted by NOIP at request filed by the applicant or any third party within forty two (42) months for Invention and thirty six (36) months for Utility Solution, counted from priority date of the application. Duration of examination as to substance is eighteen (18) months for Invention and nine (9) months for Utility Solution counted from the date of receiving request.

2. PUBLICATION

Application for patent for Invention or Utility Solution officially accepted shall be published in the Industrial Property Gazette in the 19th month from the priority date. PCT application shall be published in the 2nd month from the date of the official acceptance of the application. Expedited publication is possible.

Request for examination as to substance shall be published in the Industrial Property Gazette within one (1) month from the date of receiving the request.

3. APPEAL PROCEDURE

Appeal against the rejection of an application or, rejection of grant of patent for Invention or Utility Solution by the applicant and appeal against decision to grant patent for Invention or Utility Solution by a third party may be filed within three (3) months from the date of issuance of decision or notice (without being subject to a fee). An invalidation action may be filed by a third party during the validity of the patent (with payment of fees in accordance with regulation by the appellant).

4. TERM OF PROTECTION

A patent shall expire twenty (20) years for Invention or ten (10) years for Utility Solution, after the filing date.

Filing Information

1. NATIONAL APPLICATION

Documents required at filing an application:

1. Three (3) copies of request for grant of Patent or Utility Solution in the format issued by National Office of Industrial Property , filled in and signed by Industrial Property agent.
2. One (1) copy of description of Invention or Utility Solution, claims, abstract and three (3) copies of drawings; in English or French or Russian. Vietnamese translation must be submitted within 3 months from the date of filing application.

Other documents, copy of which is required at filing an application, but the original of which must be submitted within 3 months from the date of filing the application, include:

1. An notarized ◘ Power of Attorney, signed by the applicant/s and certified by a duly accepted public notary of the applicant's country. General Power of Attorney is acceptable.
2. A notarized ◘ Deed/s of Assignment from the inventor/s to the applicant/s, if the applicant is not the inventor or document/s justifying the right to apply (inheritance, employment contract, service contract) for patent.

   General Power of Attorney and Deed of Assignment are acceptable for filing various patents in the name of the same applicant/s and by the same inventor/s.

3. A notarized Deed of Assignment of priority right if the applicant is not the applicant having filed the priority application.
4. A certified copy of the earlier/basic application(s) or Exhibition Certificate, its sworn English/French translation, if necessary, for claiming Convention priority(ies). Translation into Vietnamese of the priority documents is required by the National Office of Industrial Property.

 

2. NATIONAL PHASE OF PCT APPLICATION

The documents required at filing:

1. Three (3) copies of request for grant of Patent or Utility Solution in the format issued by National Office of Industrial Property , filled in and signed by Industrial Property agent.
2. A copy of the International Application and, in particular:
• Under PCT Article 22 (within 21 months from the priority date): Description, claims, abstract and drawings (if amended, both as originally filed and as amended, together with any statement under PCT Article 19).
• Under PCT Article 39(1) (within 31 months from the priority date): Description, claims, abstract and drawings (if amended, both as originally filed and as amended to the international preliminary examination report), international preliminary examination report and its annex(es).

Other documents required for filing an application, which can be submitted within 3 months from the date of filing application, include:

1. An original notarized ◘ Power of Attorney, signed by the applicant(s) and certified by a duly accepted public notary of the applicant's country.

   General Powers of Attorney are acceptable for filing various applications in the name of the same applicant(s).

2. A notarized ◘ Deed of Assignment where the applicant is not the applicant having filed the priority application.