The process of patent registration in Vietnam

The process of patent registration in Vietnam. There are 4 Steps for registering patent in Vietnam: Step 1: Filing the application; Step 2: Formality Examination; Step 3: Publication; Step 4: Substantive Examination; Step 5: Issue patent (granting).

Step 1: Filing patent application in Vietnam

There are three options for filing the patent application in Vietnam:

• Direct filing at Vietnam National Office of Intellectual Property;
• Filing through the system of Paris convention which is applicable within 12 months from the first filing date;
• Filing through the system of PCT patent which is applicable within 31 months from the first filing date in a foreign country or the priority date if claimed

Those capable of patent application in Vietnam include Vietnamese organizations or individuals, foreign individuals permanently residing in Viet Nam, foreign organizations or individuals with a production or trading establishment in Viet Nam. A patent application can be filed directly or through a legitimate representative in Viet Nam.

Foreign individuals who are not permanently residing in Viet Nam, foreign organizations and individuals without a production or trading establishment in Viet Nam shall have their patent application filed through a lawful representative in Viet Nam.

The relevant authority responsible for patent registration process  in Vietnam is National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Patent registration in Vietnam is based on a first-to-file ground. If there are more than one patent applications for the same invention filed by different parties, the patent shall be granted to only one valid application with the earliest priority or filing date. In case there are more than one valid applications with the same same priority or filing date, the patent shall be granted to only one application under an agreement between all related applicants. Without such an agreement, all the applications shall be refused. Accordingly, inventors are advised to apply for a patent as soon as possible after the invention.

Step 2: Formality examination

Once received by the National Office of Intellectual Property, the application shall be put through the process of formality examination to ensure that all required documents (as stated above) are sufficiently and validly submitted.

Before the timeframe for formality examination is expired, National Office of Intellectual Property shall notify the applicant about the result:

• If the application is deemed valid, the applicant shall receive a notice of acceptance of valid application
• If the application fails to meet all formality requirements, the applicant shall receive a notice of intended refusal with clear reasoning of refusal, within one month from which, the applicant shall respond to give opinions or correct any errors. If the applicant fails to respond timely and reasonably, National Office of Intellectual Property shall send a notification of refusal. Upon the applicant’s request, fees and charges which have been paid for after formality examination activities shall be refunded.

The applicant or any other parties having rights and interests directly related to the decision of NOIP may file a complaint with the Director General of NOIP. Within 10 days from the date of receipt of a complaint, NOIP shall issue a notice of either acceptance or rejection of such complaint, clearly stating the reason(s) for rejection.

If unsatisfying with the decision of NOIP, the applicant or any other parties may initiate a lawsuit at court.

Step 3: Publication

Valid application shall be published in Vietnamese Industrial Property Official Gazette after 19 months from the priority date or the filing date or within two months after being accepted as a valid application, whichever is later.

Step 4: Substantive examination

The deadline for submitting and paying fees for a substantive examination request is 42 months since the filing or priority date with respect to a patent and 36 months with respect to a pretty patent (utility model). Where no request for substantive examination is filed by either the applicant or a third party within the set time limit, the application shall be considered to have been withdrawn.

A substantive examination will be implemented within 12 months from the date request for substantive examination. The purpose of this step is to assess the patentability of objects claimed in the application.

When the time limit for substantive examination is due at the latest, the NOIP shall send to the applicant one of the following notices:

• a notification of intended refusal clearly stating the reason(s) for refusal, possibly guiding the amendment of the protection scope and setting a two-month time limit for the applicant to give opinions or defend himself/herself if the object claimed fails to meet the protection conditions.
• a notice on its intended refusal, clearly pointing out errors and setting a two-month time limit for the applicant to justify or correct errors if the object claimed satisfies the protection conditions but their exist errors in the application.
• A notification of intended grant payment request if the object claimed satisfies the protection conditions or the applicant has managed to make reasonable justifications within the set time limit.

Step 4: Issue Patent (granting)

NOIP shall grant the patent within 1-3 months from the notification of grant.