Luật Hoàng Phi Dịch vụ công ty Patent Registration in Vietnam

Patent Registration in Vietnam

In the following article, let’s learn about the conditions and procedures for patent registration in Vietnam.

Patent registration in Vietnam is a procedure to request the National Office of Intellectual Property of Vietnam to recognize the creative achievements of the applicant related to a technical solution that meets the conditions for being granted a patent.

In the following article, let’s learn about the conditions and procedures for patent registration in Vietnam.

What is a patent?

According to Clause 12, Article 4 of the Law on Intellectual Property 2005 as amended and supplemented by the Law on Intellectual Property 2009 of Vietnam, Patent means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Patent ownership of a patent is only established by the registration procedure and in accordance with the scope of protection defined in each patent in Vietnam. Once a dispute has arisen, without other evidence, the patent is the only and the most important proof to prove the ownership. Therefore, a registration patent is really important to prevent of any infringement.

General conditions for inventions to be eligible for protection

Prior to registering a patent in Vietnam, the applicant needs to find out the matters related to conditions, procedures, and the period from the time of submission of the application until granting the protection title when registering a patent to avoid the cases that the National Office of Intellectual Property in Vietnam (NOIP) may issue the notification on denying examination due to not meeting criteria or non-compatible dossiers.

According to Article 58 of the Law on Intellectual Property 2005 of Vietnam, the patent shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions:

Firstly: It is novel

The patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date, as applicable, of the invention registration application.

Under Clause 2, Article 60 of the Law on Intellectual Property 2005 of Vietnam, the invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

The invention does not lose its novelty if it is directly or indirectly disclosed by the person entitled to registration or by the person who has information about the invention under the condition that the patent application is submitted in Vietnam within 12 months from the date of disclosure.

Secondly: It is of an inventive nature

Clause 3, Article 2 of the Law on Insurance Business and the Law on Intellectual Property 2019 of VietNam provides that, Inventions are considered to be inventive based on technical solutions that have been publicly disclosed in the form of use or written description or in any other form at home and abroad prior to the submitting date or the privilege date of the patent application if those applications entitled to privileges; or the invention is an innovation and cannot be easily created by a person with average knowledge about the corresponding technical field.

Last but not least: It is susceptible of industrial application

According to Article 62 of the Law on  Intellectual Property 2005 of Vietnam, the patent shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention and to achieve stable results.

Objects ineligible for protection as inventions

Under Article 59 of the Law on Intellectual Property 2005 of Vietnam, the following objects shall be ineligible for protection as inventions:

– Scientific discoveries or theories, 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 aesthetic characteristics only.

– Plant varieties, animal breeds.

– Processes of plant or animal production which are principal of a biological nature, other than microbiological processes.

– Human and animal disease prevention methods, diagnostic and treatment methods.

The procedure for patent registration in Vietnam

The patent application will be examined by NOIP with Patent Examination Procedure as below:

-Formality examination: Under the Law on Intellectual Property of Vietnam, the above application will be examined as to form within 01 month from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from the publication date of 19 months from the priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay a fee.

-Issuing the Patent of Invention.

Patent Term and Maintenance

According to Article 93 of the Law on Intellectual Property 2005 of Vietnam, the validity of the invention patent is 20 years from the granted date.

In order to maintain the validity of the patent in Vietnam, the owner shall pay the annuity fee. The annuity of the patent could be filed later within 06 months from the expiration date.

An invention is an object of industrial property rights, and industrial property rights to the patent are established only when the owner of the invention registers for a patent. Therefore, a registration patent in Vietnam is really necessary. If you have any questions, do not hesitate to contact us.

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