If an invention wants to be protected, it must be registered with a competent state agency. During the appraisal and processing of protection applications, the invention may be opposed by a third party. The time limit for objection to an invention/solution application is prescribed by law to ensure the legitimate rights and interests of relevant parties. However, in reality, many customers have difficulty determining this deadline, leading to late and unacceptable objections. To answer our customers’ questions, Viet An Law Firm would like to present the following article on the time limit for objection to patent registration in Vietnam.
Pursuant to Clause 12, Article 4 of the Intellectual Property Law, an invention is a technical solution in the form of a product or process to solve a defined problem by applying natural laws.
The concept of utility solutions is not specifically regulated in the current Intellectual Property Law, but it can be understood that useful solutions are also technical solutions, novelty than the technical level in the world. However, it does not need to meet the same level of creativity as a patent. The purpose of utility solutions is to create products that improve or increase the functionality of previous patents. In fact, technical solutions that are not protected by patents are often applied for protection by the application owner as utility solutions to create exclusive rights to exploit and use.
During the process of working and searching for information, any organization or individual discovers a patent application or utility solution application that the subject matter stated in this application does not meet the requirements to be granted a protection title or considered this protection will affect their legitimate rights and interests, they have the right to object to the grant of a protection title to the application register there.
The implementation of objection to a patent application is regulated within a specific period to ensure the legitimate rights and interests of both the patent applicant and third parties.
Pursuant to Article 112a (Objection to an industrial property registration application) of Intellectual Property Law as amended and supplemented in 2022, effective from January 1, 2023, the time limit for objection to a patent registration application is specified as 09 (nine) months from the date the patent application is published on Industrial Property Gazette.
In case the objection is filed beyond the objection statutory time limit as prescribed in Article 112a of the Law on Intellectual Property, the National Office of Intellectual Property refuses to accept the application at the time of receipt.
Comparing the time limit for objection to a patent application with some other industrial property subjects as follows:
|Type of industrial property registration
|Time limit for objection to industrial property registration applications
|09 (nine) months from the date the patent application is published.
|Industrial design application
|04 (four) months from the date the industrial design registration application is published
|Trademark registration application
|05 (five) months from the date the trademark registration application is published
|Geographical indication application
|03 (three) months from the date the geographical indication registration application is published
An objection to a patent application is all the documents that need to be submitted to object to a patent application. A dossier of objection to a patent application includes:
Number of application sets: 01 set
Following Circular 23/2023/TT-BKHCN, the procedure for objection to a patent application is specifically regulated as follows:
Organizations and individuals submit 01 set of dossier for objection to the patent registration application to the National Office of Intellectual Property.
Pursuant to Clause 1, Article 58 of the Intellectual Property Law, an invention is protected in the form of a patent only if the following conditions are satisfied:
Pursuant to Clause 2, Article 58 of the Vietnam Intellectual Property Law, inventions are protected in the form of a utility solution patent if they are not common knowledge and meet the following conditions:
Customers who need advice on the objection to patent registration in Vietnam, please contact Viet An Law Firm for the best support.
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