Guidance on Registration of Invention in Vietnam

GUIDANCE ON REGISTRATION

OF INVENTION IN VIETNAM

1. DEFINITION

An Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of nature laws. In Vietnam, there are two types Invention, in particular, Patent for Invention and Patent for Utility Solution.

Patent for Invention is granted for any invention, which is new, involved an inventive step and is industrially applicable.

Patent for Utility Solution is granted for any utility solution, which is new and industrially applicable. 

2. PRE-FILING SEARCH (OPTIONAL)

Although this is not mandatory proceeding, you are highly recommended conducting a search against a proposed Invention before your request for protection. The search result of an Invention may give you closest related and known inventions (also known as “prior art”).

Required documents:

Specification of Invention (comprising name of Invention, Field in which Invention is being used, closest known Invention, International Classification of Invention, listing photos or drawings in order, technical nature of Invention).

Full Name and Address of the Requester.

3. PROCEDURES OF OBTANING A PATENT

Required documents:

Specification of Invention (comprising name of Invention, Field in which Invention is being used, closest known Invention, International Classification of Invention, listing photos or drawings in order, technical nature of Invention, and request for protection (also known as “claims”).

• Full Name and Address of the Applicant and/or Authors of Invention;

• A Power of Attorney;

• As provided by the Law on Intellectual Property 2005, as revised in 2008, which took effect as of January 1, 2010, an application for registration of an Invention is basically examined by the following 4 stages:

Formality examination

An application for trademark registration will be examined in 01 month as of the filing date by the Vietnam National Office of Intellectual Property (“NOIP”) as to formality requirements such as applicant’s information, international classification of Invention, Specification of Invention, etc.,. Where the application fully meets formality requirements, Decision on Formality Acceptance of the Application will be issued.

Publication of application

The application which has been legitimately accepted will be published on the Official Gazette of Industrial Property within 2 months as of the date of acceptance. 

Substantive examination

The Invention application will be subsequently examined as to substance within 18 (eighteen) months from the date of its publication on the IP Gazette.

Granting Patent for Invention/Patent for Utility Solution

Subject to the Invention meets criteria for protection of Invention or Utility Solution and the applicant pays required official fee, NOIP will issue a Patent for Invention or Patent for Utility Solution.     

A Patent for Invention will take effect in the whole territory of Vietnam as from the granting date until the expiry of 20 years counting from the filing date.

A Patent for Utility Solution will take effect in the whole territory of Vietnam as from the granting date until the expiry of 10 years counting from the filing date.

The owner of a registered Patent shall have the following rights:

• To use or authorize others to use industrial property objects;

• To prevent others from using industrial property objects by administrative, civil even criminal remedies;

• To dispose of industrial property objects by transferring or licensing.