Patent/Utility Solutions

Almost 100% of authors cannot register their-self for patent protection for their technical solution without helping of the attorney. Because of the invention can be considered as the most complex object of intellectual property objects, so the procedure for registration of patent protection is very complicated, time-consuming and labor-intensive, requiring strict conditions.

Patent Registration in Vietnam

Patent Registration in Vietnam (click to zoom)

1. The legal basis:

  • Intellectual Property Law (No. 50/2005/QH11 of November 29, 2005); supplemented and amended under Law No. 36/2009/QH12 of June 19, 2009;
  •  The Government’s Decree No. 103/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the 2005 Vietnam IP Law on industrial property; supplemented and amended under Decree No. 122/ND-CP dated December 31, 2010;
  • Circular No. 01/2007/TT-BKHCN of February 14,2007 guiding the implementation of the Government’s Decree No. 103/2006/ND-CP; supplemented and mended on Circular No. 13/2010/TT-BKHCN of July 30, 2010 and Circular No. 18/2011/TT-BKHCN of July 22, 2011.
  • Circular No. 263/TT-BTC of November 14, 2016 stipulating the rates, collection, remittance, management and use of intellectual property charges and fees.

2. Requisite documents:

  • Application form;
  • Specification, Claims, abstract and drawings (if any);
  • Power of Attorney;
  • Related documents.

3. Time frame:

  • Formality examination: 01 month from the filing date;
  • Substantive examination: 18 months from the publication date (if a request for substantive examination is filed before the publication date) or from the request date (if a request for substantive examination is filed after the publication date);
  • The validity term of a Patent on Invention is 20 years and of a Patent on Utility Solution is 10 years from the filing date.

4. Services

  • Patent search;
  • Providing advices on the patentability of invention/utility solution;
  • Filing applications and watching the prosecution of the application for Patent/utility solution (including drafting, translating of specification and filing application for patent/utility solution);
  • Annuity payment;
  • Registration of agreement of transfer of IP rights and transfer of right to use IP objects;
  • Implementation of IP rights and settlement of disputes relating to patent (opposition, invalidation; taking suite and other measures to hade the infringement);
  • Representing clients in filing patent application in foreign countries and international patent application under Patent Cooperation Treaty (PCT).