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Patent registration procedure in Vietnam

Patent, an exclusive right granted for an invention, is the legal protection for inventions. Through this article, Apolo Lawyers (Tel: +8428 66.701.709) would like to give some information on how to apply Patent Registration in Vietnam. 

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 order to exclude other people from illegally making, using or selling your invention. Therefore, it is vital to be aware of Patent Registration procedure.

1. The main steps of Patent Registration procedure.

Generally, the procedure to apply Patent Registration in Vietnam consists of 5 main steps:

1.1. Filing the Patent application.

The Patent application shall be filed, directly or by mail, to the National Office of Intellectual Property (NOIP) of Viet Nam or its branches in Ho Chi Minh or Da Nang.

1.2. Formality Examination.

Examination of the relevancy of the Patent application with the regulations, thereby making a decision to accept the valid Patent application or to refuse to accept the Patent application.

1.3. Publication of the Patent application.

After the decision to accept a valid application, the Patent application will be published in the Industrial Property Official Gazette.

1.4. Substantive Examination.

Examination of the protection ability of the invention stated in the Patent application according to the conditions: Being novel; involving an inventive step; Being susceptible of industrial application.

1.5. Grant/ Refuse to grant the Patent.

If the invention stated in the Patent application fails to satisfy the requirements for protection, NOIP shall issue the decision to refuse to grant the Patent.

If the invention stated in the Patent application satisfies the requirements for protection and the applicant fully and timely pays fees and charges, NOIP shall issue a decision to grant the Patent. Also, The Patent shall be recorded in the National Register of Inventions and the decision on granting the Patent shall be published by the NOIP in the Industrial Property Official Gazette.

>>> See more: Procedures for acquiring Trademark Registration Certificates

>>> See more: Registration for the Copyright Certificates

2. Neccesary Documents to apply Patent Registration in Vietnam.

The documents below are needed when filing the Patent application:

  • 02 Declaration for registration.
  • 02 descriptions of the invention.
  • 02 invention protection claim.
  • Fee and charge receipts.

The Patent is valid from the granting date and extend up to twenty years from the filing date. After that term, owners can carry out the procedure to maintain validity of the Patent.

3. What services can Apolo Lawyers provide?

Patent Registration procedure requires a significant amount of time and effort and Apolo Lawyers, as a reputable law firm with many years of experience, we are confident in providing our clients a smooth and fast process of registration. Choosing Apolo Lawyers’s services, clients will receive a high quality and professional service by Solicitors and Litigators who have high professional qualifications, long-term practice experience and a team of enthusiastic and effective paralegals. We will:

  • Review the application documents.

  • Assess the ability of the object to be protected.

  • Edit and complete the registration documents before submitting it to the state agency.

  • Follow up the Patent Registration procedure and amend, supplement the documents if neccessary.

For further information, please contact us: Apolo Lawyers




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