Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.
Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised file for patent or register patent in Vietnam for an invention or a utility model shall be a prior prevention of an infringement.
“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.
Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:
-It is novel
-And it is susceptible of industrial application.
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you to register patent in Vietnam on an invention or a utility.
Our services in Patent field include:
-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;
-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;
-Maintenance;
-Amendment;
-License;
-Assignment;
-Opposition against proceedings;
-Appeal;
-Cancellation;
-Invalidation;
Inventors or organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.
An invention shall be protected in Vietnam when it satisfies the following conditions:
-Novelty;
-Inventive step;
-Industrial applicability;
For the purpose to register patent in Vietnam, the following documents will be required:
-Full name and address of applicant(s);
-Full name, address and nationality of inventor(s).
-Original Power of Attorney (POA) from the Applicant(s)
-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);
-Certified document for claiming priority right (if any).
Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.
The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:
Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as 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 publication date of 19 months from priority date.
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 fee.
-Issuing the Patent of Invention.
Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.
The patent attorney at ANT Lawyers could help clients register patent in Vietnam efficiently. The inventor also saves time to focus on their core specialization if they use patent filing service.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance while doing business in Vietnam.
How to authorize ANT Lawyers to act as your IP representative in Vietnam?
Important Matters on Intellectual Property Rights Registration in Vietnam
How to Register Copyright in Vietnam?
How ANT Lawyers as your Patent attorney could help your business?
The Patent Cooperation Treaty (PCT) procedure
Overview of the Patent Cooperation Treaty (PCT) System and The role of WIPO in the PCT
How to Register Industrial Design in Vietnam?
How to register a copyright or related rights in Vietnam?
Application of Administrative Measures to Protect Intellectual Property Rights
How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers IP Practice or contact our Patent attorneys in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529
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