Patent Registration In Vietnam In 2023
In today’s world, patent registration has gained paramount importance as it plays a crucial role in fostering innovation and creativity. With a strong patent framework in place, Vietnam promotes innovation, thereby, creating an environment favorable to both economic expansion and technological improvement.
A patent is a kind of intellectual property protection awarded to inventors, that protects their right to prevent their inventions from being made, used, sold, or imported without their authorization. The Law on Intellectual Property governs the legal foundation for patents in Vietnam. The National Office of Intellectual Property of Vietnam (NOIP) is the authority that is in charge of overseeing the procedure for patent filing in Vietnam.
Through this article, we will be covering the procedure for patent registration in Vietnam. Further, we will be exploring the types of patents, validity as well as conditions for patent filing in Vietnam.
Types of Patents in Vietnam
The following sorts of patents are available for registration in Vietnam:
- Invention Patents: These patents are given for innovative technological developments or advancements of already existing technology. Novel, non-obvious ideas that have industrial applications are protected by invention patents.
- Utility Solution Patents or Petty Patents: Patents on innovative technical solutions with practical applications are given for enhancing the usage of preexisting goods or procedures. Despite not requiring the same level of innovative steps as invention patents, these methods nonetheless have useful advantages.
Conditions for Patent Registration in Vietnam
The following conditions must be met in Vietnam for a patent to be protected:
- Novelty: Before the day of submitting an application for patent filing in Vietnam, the innovation must be brand-new and unpublished elsewhere in the globe.
- Inventiveness: When compared to the state of the art at the date of filing, the invention should include an inventive step and cannot be readily achievable by someone with the requisite knowledge and ability in the pertinent area.
- Industrial applicability: The invention should be capable of being used in industry.
Legal foundations for patents registration in Vietnam for foreign organizations
There are different ways through which patents can be registered for foreign individuals or corporations in Vietnam. A majority of worldwide treaties relating to the protection of IP rights, including the TRIPS Agreement, the 1967 Paris Convention, the Madrid Protocol, and the Patent Cooperation Treaty (PCT), are parties to Vietnam.
Therefore, international people and organizations who wish to do patent registration in Vietnam may do so through one of the following techniques:
- Direct Filing: Overseas people, as well as businesses, have the option to apply directly for patent registration in Vietnam via an IP Representative Organisation.
- Paris Convention: The international patent shall be registered in Vietnam within 12 months from the date of the overseas filing.
- Patent Cooperation Treaty: The Patent Cooperation Treaty (PCT) permits the registration of international patents by international people and organizations. The patent has to be registered in Vietnam within 31 months of the day that it was first filed abroad.
Procedure for Patent Registration in Vietnam
To do patent registration in Vietnam, you must follow the steps listed below:
1. Initial search
Firstly, perform an initial search to find out if your innovation qualifies for patent protection and if any Vietnamese patents with a similar scope currently are present. This stage aids in evaluating the novelty and originality of your invention.
2. Prepare your Patent application
To do patent filing in Vietnam, you must first complete the application form given by the National Office of Intellectual Property (NOIP). You must present a detailed explanation of your invention, detailing all of its technical components as well as its uses and benefits.
3. Application Submission
Send or deliver the filled-out application to the NOIP either physically or by mail. Make sure all required paperwork is enclosed, duly completed, and signed.
4. Formality check
To ensure that all necessary documentation has been submitted and correctly filled out, the NOIP will perform a formality check on your application. If errors are discovered, you will be informed and given a deadline to eliminate them.
5. Publication
Within 19 months, measured from the initial filing date, your patent application is going to be released in the IP Gazette after completing the formality assessment.
6. Substantive examination request
You have to ask for a substantive examination within 42 months of the filing date or priority date (whichever comes first).
7. Examination result
The NOIP shall publish an examination statement indicating if the innovation satisfies the criteria for patentability. The substantive examination result must be released by NOIP 18 months after the date of publication. If the outcome is positive, the patent must be awarded within one to two months. If not, the individual who applied for the patent has a period of three months (extended for a further three months) to reply to the refusal.
8. Granting the Patent
After a decision to issue a patent is officially produced, the patent right will become effective upon its entry into the Patent Register, provided the person applying has paid the applicable patent cost, within one to three months of the notice of patent issuing.
At Odint Consulting, our team of experts specializes in patent applications and we are dedicated to providing comprehensive services tailored to your needs. With our extensive knowledge and experience in intellectual property, we can efficiently handle the entire patent registration process on your behalf.
Expected Documents for Patent Filing in Vietnam
Here are some of the documentation expected for patent filing in Vietnam:
- Patent application form
- A thorough report outlining the technical specifications, function, and benefits of the innovation.
- Drawings (if applicable)
- Power of Attorney
- Name and address of the person applying and inventor.
- Priority documentation (if any)
Validity of Patent in Vietnam
According to Article 93 of the Law on Intellectual Property, a patent in Vietnam that has been registered is valid for the following periods:
- An inventive patent has a validity period of twenty years following its filing period.
- Utility solution patents have a validity period of ten years following their filing period.
Following the innovation being awarded, the annuity patent charge needs to be given annually to maintain the validity of the patent.
Grant and Maintenance Charges after Patent Filing in Vietnam
Upon the issuance of authorization for granting a patent, the grant charge is required to be paid within 3 months. Once the patent is granted, Vietnam requires yearly maintenance payments. The official grant charges and the initial annuity are often settled at the same time. All successive annuities must be provided no later than six months before the grant date’s anniversary. In addition to paying an additional fee, late payments are permitted up to six months beyond the deadline.
Conclusion
It is essential to register for a patent in Vietnam to protect your inventions and secure exclusive rights. Gaining exclusive rights to your innovation through a patent filing in Vietnam enables you to stop others from producing, utilizing, or offering it for sale without your consent. It is crucial to ensure that a patent is novel, innovative, and has industrial applicability before registering it. Patent registration in Vietnam is done with NOIP.
You can speak with our professionals at Odint Consulting if you wish to register your patent in Vietnam. Our professionals will help you register your patent with the appropriate authority and ensure that all conditions are satisfied correctly.
FAQ’s
Yes, Vietnam recognizes priority claims based on earlier applications submitted outside of Vietnam. But it’s crucial to follow the deadlines set forth for claiming priority.
Yes, you have the right to license your patented idea to third parties as the proprietor of a patent. Licensing may serve as a technique to make money while working with other companies or people.
To register a patent in Vietnam, you have to file an application with NOIP which can be done either in person or by mail.
- An inventive patent has a validity period of twenty years following its filing period.
- Utility solution patents have a validity period of ten years following their filing period.
You have two options if your patent application is denied: you can appeal the outcome or make changes to address the denial’s causes.
