PATENT REGISTRATION PROCEDURE
IN VIETNAM

Vietnam's patent laws operate on a "first-to-file" basis, distinguishing between invention patents (protected for up to 20 years), utility solution patents (up to 10 years), and industrial designs (initially 5 years, renewable twice for 5 years each). Patentees can enforce their rights through administrative and civil actions under Vietnam's IP Law (2005, amended in 2009 and 2019).

The NOIP (National Office of Intellectual Property) oversees patent applications and grants. Patentable subjects must solve a technological problem using natural laws, excluding scientific theories, mental acts, business methods, computer programs, aesthetic solutions, plant/animal breeds, biological processes, and medical methods. Employers funding inventors can register inventions, while independent inventors can register their own.

Documents required for Patent Registration (Article 100):

Declaration for registration in the prescribed form
Documents, samples, and information identifying the invention
Power of attorney (if applied through a representative)
Documents evidencing the registration right if such right is acquired by another person
Documents evidencing the priority right, if it is claimed
Vouchers of payment of fees and charges
A copy of the first application certified by the registration office

Governed by Articles 86 and 89, an application can be made by any of the following people:

Authors who have created inventions with their own efforts and expenses
Organizations or individuals who have supplied funs and material facilities to authors in the form of job assignment or hire unless otherwise agreed by the involved parties.
Foreign nationals residing permanently
Foreign organizations having a production or trading establishment
Non-resident foreign nationals or organizations not having a production or trading establishment shall apply through a lawful representative.

Description of the invention, along with the scope of protection.
The scope of protection must be described in the form of technical combinations which are necessary and sufficient to identify the scope of rights to such inventions, and compatible with the description and drawings (if any).
Abstract, disclosing the principal features.
Fully and clearly disclosing the nature of the invention to the extent that such invention may be realized by a person with average knowledge in the art.
Briefly explaining the accompanying drawings, if any.
Clarifying the novelty, inventive step, and susceptibility of industrial application of the invention.

Governed by Article 108, all applications shall be received by the State administrative authority, and the filing date shall be the one on which the application is received by the state administrative authority.
Governed by Article 90, when two or more applications are filed by several people to register the same invention, protection may only be granted to the valid application with the earliest date of priority or filing date among the applications that satisfy all the requirements.
Vietnam is a member of PCT, hence international applications are also accepted.

The application shall be examined within 1 month from the filing date (Article 119). The Examination is conducted in two ways:

Formal Examination

Governed by Article 109 to verify the formal validity of the application, an examination process shall be conducted.

Substantive Examination

Governed by Article 119, 12 months from the date of publication of the invention, if a request for substantive examination is filed before the date of application publication; or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication.

Patent registration applications in Vietnam can be amended or supplemented until a refusal notice is issued.

Applicants have the rights to:

Amend or supplement the application.
Divide the application.
Update their name, address, or ownership due to assignment, inheritance, or authority decisions.

Amendments must not expand or change the substance of the application and must maintain unity. A fee of 120,000 VND applies per amendment.

Under Article 117, applications may be refused if:

They fail to meet protection requirements.
They lack priority or the earliest filing date under Article 90.1.
Consensus among applicants is absent in Article 90.1 cases.

Refusal notices outline reasons, allowing applicants to object within a set time. A final refusal is issued if no valid objection is made.

An industrial property registration application that has been accepted as being valid by the State administrative authority shall be published in the Industrial Property Official Gazette.
An invention registration application shall be published in the 19th month as from the filing date or the priority date, as applicable, or at an earlier time at the request of the applicant.
Fee for publication of application, including application for amendment, supplement, separation, assignment (each application): 120 thousand VND.
The application for registration shall be examined as to its substance within 6 months from the date of its publication.
for substantive examination of application (for each claim) – without information searching: 420 thousand VND.

Article 93 stipulates the validity of the protection titles, which are valid throughout the territory of Vietnam, and the registration of the Patent shall be valid up to 20 years from the date of filing. Their validity commences on the date of the grant of protection.
Governed by Article 122 and 123, Moral Rights and Economic rights accruing after registration.
Moral Rights:
• To be named as authors in invention or utility patents.
• To be acknowledged as authors in documents in which inventions are published or introduced.
Economic rights:
• Owners of inventions are obliged to pay remuneration to their authors unless otherwise agreed by the parties.

PATENT REGISTRATION PROCEDURE
IN VIETNAM

Formal Examination

Substantive Examination

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PATENT REGISTRATION PROCEDURE IN VIETNAM

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PATENT REGISTRATION PROCEDURE
IN VIETNAM