Patent registration in Vietnam. Vietnam, officially the Socialist Republic of Vietnam, is a country in Southeast Asia. Throughout the history of Vietnam, its economy has been based largely on agriculture—primarily wet rice cultivation. As a result of several land reform measures, Vietnam has become a major exporter of agricultural products. It is now the world’s largest producer of cashew nuts, with a one-third global share; the largest producer of black pepper, accounting for one-third of the world’s market; and the second-largest rice exporter in the world after Thailand since the 1990s. Subsequently, Vietnam is also the world’s second-largest exporter of coffee. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to Vietnam is to learn the procedure of patent registration in Vietnam.
Subjects unpatentable in Vietnam
Under intellectual property law, the following subjects are not protected in the name of inventions:
- Scientific discoveries or theories and mathematical methods;
- Schemes, plans, rules, and methods for performing mental acts, training domestic animals, playing games, and doing business;
- Computer programs;
- Presentations of information;
- Solutions of an aesthetic nature only;
- Plant varieties and animal breeds;
- Processes of plant or animal products which are principal of a biological nature, other than microbiological processes; and
- Human and animal disease prevention methods, diagnostic and treatment methods.
Necessary documents for patent registration in Vietnam
Necessary documents for patent registration in Vietnam include:
- The invention registration declaration is made according to the form issued by the National Office of Intellectual Property (printed in 03 sets).
- Power of attorney (POA);
- A description of the invention/utility solution, including the name of the invention/utility solution, description, illustrative examples, claims, and abstracts;
- Illustrations (if any);
- A copy of the priority claim document certified by the authority where the priority application is filed (required only for applications for priority rights under the Paris Convention). This document can be supplemented within 03 months from the date of application.
The procedure of patent registration in Vietnam
Filing a patent application in Vietnam:
The applicant submits an application for patent registration at the National Office of Intellectual Property of Vietnam (NOIP).
Formality examination of the application
Time limit: 1 month from the date of application.
The National Office of Intellectual Property will examine the application to be qualified in terms of formality, thereby concluding that the application is valid or invalid.
If the applicant’s application satisfies the required conditions, the NOIP will notify the acceptance of the valid application and publish the application.
If the applicant’s application does not satisfy the required conditions, the NOIP will issue a Notice that they don’t accept the application and request the applicant to amend it. After receiving the notice, the applicant makes amendments as required and submits amendments to the National Office of Intellectual Property.
The time limit for publication of patent applications in Vietnam: 19th month from the date of priority or filing date if the application has no priority date, or within 02 months from the date of acceptance as valid, whichever is later.
If there is a request for early publication, it will be published within 2 months from the date the NOIP receives the request for early publication or from the date of accepting the valid application, whichever is later.
Content examination of the application
The time limit for submitting a request for substantive examination: 02 months from the date of applying for patent registration. If within the time limit specified above, there is no request for examination, the application is considered to have been withdrawn at the end of that time limit.
Substantive examination is the assessment of the patentability of the invention stated in the application under the conditions of protection. The time for substantive examination is 18 months from the date of receipt of the request.
The National Office of Intellectual Property considers the conditions for patent registration and then evaluates the possibility of granting a patent for a registered customer’s invention. If the patent application meets all conditions, the National Office of Intellectual Property will issue a Notice to grant a patent for the invention that the customer has registered.
The validity period of patent registration in Vietnam
The validity period of patent registration in Vietnam for:
- Patent: 20 years from the date of filing.
- Utility solution: 10 years from the date of filing.
The rights holder must pay the annual maintenance fee after the patent is granted.
The list of Vietnam IP Firm here.