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CN Vietnam Patent
Overview of Southeast Asia Patent
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In Vietnam, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. Vietnam’s current patent rules make available three types of patent:
(i) Patent for inventions;
(ii) Patent for utility solutions; and
(iii) Patent for industrial designs
1. Legislations:
Intellectual Property Law 50/2005
2. Patentability Criteria:
A Patent for invention has to satisfy the following criteria to claim protection
Novelty
Inventive Step
Industrial Applicability
Non-Patentable Subject Matter:
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.
3. Utility Innovations:
Utility Solution is protected on the basis of Patent for Utility Solution. For A Utility Solution it is not required to have an inventive step as in case of Invention.
4. Membership:
√ – Paris Convention
√ – PCT
Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.
Vietnam is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Vietnam within 31 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Eligibility:
Applicants not residing or carrying on business in Vietnam have to nominate a Vietnamese Patent agent to act on their behalf.
6. Rule of Priority:
“First to file” is the rule followed by Vietnam in determining priority of patents.
6. Duration:
A patent once registered is valid for a term of 20 years from the date of legitimate filing for Invention or 10 years for Utility Solution.
In Vietnam, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. Vietnam’s current patent rules make available three types of patent:
(i) Patent for inventions;
(ii) Patent for utility solutions; and
(iii) Patent for industrial designs
1. Legislations:
Intellectual Property Law 50/2005
2. Patentability Criteria:
A Patent for invention has to satisfy the following criteria to claim protection
Novelty
Inventive Step
Industrial Applicability
Non-Patentable Subject Matter:
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.
3. Utility Innovations:
Utility Solution is protected on the basis of Patent for Utility Solution. For A Utility Solution it is not required to have an inventive step as in case of Invention.
4. Membership:
√ – Paris Convention
√ – PCT
Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.
Vietnam is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Vietnam within 31 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Eligibility:
Applicants not residing or carrying on business in Vietnam have to nominate a Vietnamese Patent agent to act on their behalf.
6. Rule of Priority:
“First to file” is the rule followed by Vietnam in determining priority of patents.
6. Duration:
A patent once registered is valid for a term of 20 years from the date of legitimate filing for Invention or 10 years for Utility Solution.
1. Filing of Patent Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date.
2. Examination
A Formal examination is conducted within one month of the date of issuance of the filing date. Responses for amendment for an application are made within 2 months from the date of request.
3. Publication
Publications for national applications are made within 19 months of the priority date and 2 months of the acceptance date in case of PCT applications.
4. Substantive Examination
A request for substantive examination has to be made within 42 months of the priority date. The duration of the substantive examination lasts for 12 months from the date of filing the request.
5. Registration
The duration of registration takes a minimum period of 21 months. The registration is effective from date of application.
The following information and/or documents are required to file an application for a patent in Vietnam:-
Direct National Application:-
1. Request for the grant of a patent:-
a) the name, address and nationality of the applicant;
b) the name, address and nationality of the inventor;
c) title of the invention/utility solution;
d) country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. One copy of the PCT specification as originally filed (in or translated to English);
4. One copy of any amendments filed in the international phase (in or translated to English);
5. An Appointment of Agent form signed by the applicant; and
6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing an Application with one independent claim – Each further independent claim – USD 79 – Each page in excess of 5 pages – USD 3 | 10.3 | 380 |
2. Convention Priority | 34.4 | 50 |
3. Publication of application – Each drawing in excess of 2 – USD 9 | 6.9 | 115 |
4. Request for Substantive Examination including search – Each additional independent claim – USD 67 | 30.9 | 285 |
5. Publication of Decision on Grant of Patent – Each further figure in excess of 2- USD 9 | 6.9 | 115 |
4. Request for Substantive Examination including search – Each additional independent claim – USD 67 | 30.9 | 285 |
5. Publication of Decision on Grant of Patent – Each further figure in excess of 2- USD 9 | 6.9 | 115 |
6. Acceptance & Grant Fee – Each independent claim in excess of one- USD 12 – Drawing in excess of one – USD 9 | 13.8 | 153 |
Translation of patent specification from English to Vietnamese per 100 words – USD13
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) | |
|---|---|---|---|
1st to 2nd year (each year) – Each additional Independent claim | 17.2 17.2 | 170 25 | |
3rd to 4th year (each year) – Each additional Independent claim | 27.5 27.5 | 170 25 | |
5th to 6th year – Each additional Independent claim | 44.7 44.7 | 180 40 | |
7th to 8th year (each year) – Each additional Independent claim | 68.7 68.7 | 180 40 | |
9th to 10th year (each year) – Each additional Independent claim | 103 103 | 200 70 | |
11th to 13th year (each year) – Each additional Independent claim | 144.2 144.2 | 220 70 | |
14th to 16th year (each year) – Each additional Independent claim | 188.2 188.2 | 220 | 70 |
17th to 20th year (each year) – Each additional Independent claim | 240.3 240.3 | 220 70 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and abstract in English | Vietnamese translation of the specification, claims and abstract is also required at filing | On filing date |
Drawings | Vietnamese translation of the drawings is also required at filing | On filing date |
Additional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy | Within three months from the filing date |
Power of Attorney | Notarized | Within one month from the filing date |
Deed of Assignment | Notarized |
Documents Required for Entry of PCT National Phase
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Copy of the PCT request form | On filing date or later | |
Details of the PCT application | On filing date | |
International preliminary examination report | According to the Vietnam patent law and regulations, the Vietnamese translation of the International preliminary examination report should be filed to the NOIP at the time of filing the Request for Examination | On filing date |
International Search Report | On filing date | |
PCT specification as originally files | Vietnamese translation of the PCT specification is also required at filing | On filing date |
Amendments file in the international phase | Vietnamese translation of the amendment is also required at filing | On filing date |
Power of Atthoney | Nortarized | Within 34 months from the priority date |
