Registration procedure for Patent in Vietnam

REGISTRATION PROCEDURE FOR PATENT

 

Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.

An invention shall be protected by mode of grant of invention patent or utility solution patent, in which:

(1) An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:

(i) Being novel;

(ii) Involving an inventive step;

(iii) Being susceptible of industrial application.

(2) Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:

(i) Being novel;

(ii) Being susceptible of industrial application.

– The following subject matters shall not be protected as inventions:

Scientific discoveries or theories, mathematical methods;

Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;

Presentations of information;

Solutions of aesthetical characteristics only;

Plant varieties, animal breeds;

Processes of plant or animal production which are principally of biological nature other than microbiological ones;

Human and animal disease prevention, diagnostic and treatment methods.

(Clause 12, Article 4, Article 58 and Article 59 Law 50/2005 on Intellectual Property (amended by Law 36/2009, Law 42/2019 and Law 07/2022)

Legal basis:

– Law 50/2005/QH11 on Intellectual Property and Amendments,

– Decree 65/2023/ND-CP on Industrial Property,

– Circular 23/2023 on Industrial Property.

1. National applications for registration

1.1. Declaration requesting invention patent registration or utility solution patent registration, made using Form of Appendix I Decree 65/2023/ND-CP.

1.2. Specification and Abstract.

– A Specification of the invention/utility solution includes Description, Protection Claims and Drawings (if any);

– A Abstract of the invention/utility solution with no more than 150 words.

1.3. Power of attorney;

1.4. Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);

1.5. Documents evidencing the right of priority (if the patent application has a claim for priority right).

2. 2. Time limit for processing invention patent/utility solution patent registration applications

From the date on which the registration application is received by the IPVN, the registration application of an invention/utility solution shall be examined in the following order:

– Shall have its formality examination within 01 month from the filing date;

– Shall be published within 02 months after it is accepted as a valid application;

– Shall be substantively examined within 18 months from the date of application publication.

3. 3. PCT applications entering the Vietnam nation phase

3.1. If a PCT application designates or elects Vietnam, in order to enter into the national phase, the applicant shall file the documents below to the state authority in charge of industrial property rights within a time limit of 31 months from the date of priority (if the application claims the right of priority) or the filing date of the international application:

– Declaration requesting invention registration, made using Form of Appendix I Decree 65/2023/ND-CP;

– Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

– Vietnamese translation of the specification and abstract of the international application (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modifications, if the international application has been modified under Article 19 and/or Article 34.2(b) of the PCT);

– Power of attorney.

3.2. The PCT Application entering the national phase shall be processed on the first day of the 32^nd month from the date of priority (if the application claims the right of priority) or from the filing date of the international application.

If the applicant submits a written request for early processing of the PCT Application entering the national phase, the application shall be processed prior to the expiration of the time limit specified in this Clause in accordance with Article 23.2 of the PCT.

3.3. The PCT Application entering the national phase shall undergo the formality and substantive examination following procedures applicable to patent applications filed under national procedures, and shall be published within a time limit of 02 months after the date of being duly accepted.

4. Competent authority: Intellectual Property Office of Vietnam.
5. Scope of validity of the Invention/Utility Solution Patent: Vietnam.
6. Validity of Invention/Utility Solution Patent:

– Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date.

– Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.

– In order to maintain the validity of an invention patent or a utility solution patent, its owner shall have to pay annual validity maintenance fee./.