Invention registration in Vietnam

An inventions is a technical solution in the form of a product or a process which is intended to solve a problem by applying natural rules. Inventions shall be protected under 02 forms:

• Invention patent: if it novel, creative and susceptible of industrial application;
• Utility solution patent: if it is not common knowledge but novel and susceptible of industrial application.

According to the Law on Intellectual Property, not all of the science fields are ineligible for protection. For example, scientific discoveries or theories, mathematic methods, computer programs, information presentations, human and animal disease prevention method… shall not be protected as an invention.

According to the Law on Intellectual Property, rights to an invention shall be establish on the ground of a decision to grant the protection title of the Nation Office of Intellectual Property. An owner who wish to establish rights to an invention shall be directly submit the application for invention registration at the National Office of Intellectual Property or shall grant authority to an authorized organization which act as a representative like Viet An Law Firm to perform relevant duties.

Invention registration dossier includes:

• Invention registration declaration form published by the National Office of Intellectual Property (03 sets). Please contact Viet An Law Firm to get these forms;
• Power of attorney (Viet An Law Firm’s form);
• Invention/Utility solution description: invention/utility solution name, description, examples, protection requirement and abstract;
• Description images (if any);
• Copies of documents of priority privilege requirement which are verified by agencies where the priority form is submitted (only for priority privilege requirement according to Paris convention). This category could be submitted within 03 months from the submitting day;
• For PCT dossiers in Vietnam, beside these documents above, more required documents, such as: PCT application publication, international preliminary analysis report (PCT/IPER/409) (if any), notice of changes in application (PCT/IB/306) (if any), international analysis report (PCT/ISA/210)…

For this case, originals of power of attorney shall be added within 34 months from the priority day. Information needs to be provided:

• Full name, address and nationality of the applicant;
• Full name, address and nationality of invention/utility solution author;
• The name of invention/utility solution;
• Priority application number, priority date and countries (in case applicant requires priority privilege);
• International application number and international application publication number (in case the PCT form is submitted in Vietnam).

Invention/Utility solution registration duration:

• Requiring priority privilege duration according to Paris convention for invention/utility solution is 12 months from the priority date;
• Duration for submitting PCT form to Vietnam is 31 months from the priority date;
• In necessary cases, the National Office of Intellectual Property shall require addition for transfer verified papers and Vietnamese version of requirement for priority privilege documents);
• Duration of requirement for substantive analysis is 42 months (for invention patent) or 36 months (for utility solution patent) from the soonest priority date;
• Duration of formality analysis is 01 month from the submitting day and duration of substantive analysis is 31 months (for invention patent) or 09 months (for utility solution patent);
• Application publication (if the requirement for substantive analysis is applied before publication day) or from the day on which requirement for substantive is applied (if that requirement is applied after publication day);
• The validity of invention patent is 20 years and the validity of utility solution patent is 10 years from the submitting day;
• Fees for maintaining validity need to be pay after the invention/utility solution patent is issued.

Invention/Utility solution registration consulting services at Viet An Law Firm:

• Consult, research, evaluate usage and registration ability of invention/utility registration in Vietnam and other countries;
• Officially or non-officially search invention information at the National Office of Intellectual Property (invention/utility solution technical research);
• Complete requirement for invention patent dossier (translate documents or write invention description and protection requirement, prepare drawing, declaration) and represent for clients when submitting dossier in Vietnam and other countries;
• Supervise application analysis process at the National Office of Intellectual Property and prepare letter, documents when working the National Office of Intellectual Property;
• Represent for clients during the process of rights establishment and answer the National Office of Intellectual Property about invention registration;
• Communicate with clients and inform clients during the process of invention/utility solution registration;
• Consult and perform procedures to renew the invention patent, even it was issued in Vietnam or other countries;
• Consult and evaluate infringement risks;
• Evaluate the validity of invention patent issued in Vietnam and other countries;
• Negotiate, draft, examine and register invention right assignment contract or invention right transfer contract in Vietnam and other countries.

Clients who have concerns about invention/utility solution registration in Vietnam and other countries, please feel free to contact Viet An Law Firm to get legal advice and to be supported in performing relevant procedures!