MAINTENANCE GUIDELINES FOR PATENT IN VIETNAM

Maintaining a patent in Vietnam involves several procedures and timelines to ensure the continued validity and protection of the granted patent. Here’s an overview of the maintenance procedures and timelines for patents in Vietnam:

1. Annuity Payments

In Vietnam, maintaining a patent primarily involves the payment of annuities, also known as renewal fees or maintenance fees, to the Intellectual Property Office of Vietnam (VNIPO). These fees must be paid annually to keep the patent in force.

2. First Annuity Payment:

The first annuity payment is due within three months from the date VNIPO issues the notice of allowance for registration (should be paid together with granting fees). This initial payment is crucial to ensure the continuation of patent protection. Failure to pay the first annuity fee within the specified timeframe will result in the lapse of the patent, that is the patent will be granted and invalidated immediately.

3. Subsequent Annuity Payments:

After the initial payment, subsequent annuity fees must be paid annually to maintain the patent. The due date for each annuity payment is calculated based on the anniversary of the granting date of Patent.

4. Grace Period:

In Vietnam, there is a grace period for late payment of annuity fees. Patent holders have a six-month grace period from the due date of each annuity payment to pay the fee with a surcharge. However, it’s essential to note that the patent remains vulnerable to invalidation or exploitation during the grace period.

5. Documentation and Records

Keep accurate records of annuity payments, including payment receipts and confirmation notices from the VNIPO. Maintaining thorough documentation is crucial for tracking payment deadlines and demonstrating compliance with maintenance requirements.

6. Monitoring Deadlines:

Patent holders or their appointed agents should monitor annuity payment deadlines closely to ensure timely payments. Missing a payment deadline could lead to the lapse of the patent and the loss of valuable intellectual property rights.

Consider engaging the services of a qualified patent attorney or agent to assist with the maintenance of your patent in Vietnam. A knowledgeable professional can help navigate the annuity payment process, ensure compliance with deadlines, and address any issues that may arise during the maintenance period.

By adhering to these procedures and timelines for patent maintenance in Vietnam, patent holders can safeguard their intellectual property rights and maximize the value of their patented inventions over time.

For any patent matter assistance, please email us to ip@anlis.vn