HOW TO ENTER A PATENT APPLICATION IN VIETNAM – 2024

Before deciding to get a patent in Vietnam, inventors/owners need to prepare some steps before coming to Vietnam IPO for application. To enter a patent application in Vietnam, follow these steps:

Determine the type of patent

In Vietnam, you can apply for utility solutions, or invention patents. These two kinds of patent is a little different in protection time, protection criteria, however, in general, the procedure, time frame and cost are similar. Furthermore, the applicant can convert the application from patent application to ulitility solution application.

Conduct a novelty/inventive step search (optional)

Before deciding to officially submit an application, it is recommended to conduct a novelty search to ensure that your invention is new, inventive, and industrially applicable. This will help you avoid wasting time and resources on an application that may not be granted. Please be noted that the normal time frame in Vietnam may prolong 36-42 months from the filing date or longer.

Prepare the necessary documents

Gather all the required documents, such as a description of the invention, drawings (if applicable), and any priority documents if you have filed for a patent in another country within 12 months.

Assign a patent agent

It is compulsory for foregigner applicant to file patent application via a patent agent who is certified by Vietnam IPO. They will help you with the application process and follow up the application. Please be noted that there are 2 kinds of attorney in Vietnam, one for trademark only; one for both patent and trademark matters. You can check the IP Agent list on VN IPO website.

File the application

Submit your patent application to the National Office of Intellectual Property of Vietnam (NOIP) through your patent agent. The application should include the necessary documents, a filing fee, and a power of attorney, if applicable.

Wait for the examination

After filing the application, it will undergo a formal examination to ensure that it meets the requirements for filing. Once the formalities are approved and substantive examination request has been filed, the VNIPO will proceed with a substantive examination to determine if the invention meets protection criteria.

Respond to office actions (if any)

If the examiner raises any objections or requires additional information, you will need to respond to office actions within the given timeframe. You may need to amend your application or provide evidence to address the examiner’s concerns.

Receive the decision

Once the examination process is completed, the VNIPO will issue a notification of acceptance and issue the Patent Certificate once the granting fees and the 1st year maintenance fees has been submitted. If it is rejected, you may have the option to appeal against the refusal decision.

Pay annual maintenance fees

To maintain your patent, you must pay annual maintenance fees. Failure to pay these fees may result in the loss of your patent rights.

Monitor and enforce your patent

Keep track of your patent’s validity and ensure that your rights are not infringed upon. If necessary, take legal action against any unauthorized use of your patented invention.

Remember that the patent application process can be complex and time-consuming. It is crucial to seek professional guidance to ensure a successful outcome.

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For any assistance for patent matter in Vietnam, please email us at ip@anlis.vn