Remain valid for a patent in Vietnam

After registering a patent, the owner and author of the invention always have a question: What are the conditions for the patent to remain valid? Viet An Law will present the regulation related to conditions and processes to remain valid for a patent in Vietnam in the article below.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022;
• Circular 16/2016/TT-BKHCN detailing and guiding the implementation of a number of articles of the Intellectual Property Law on industrial property;
• Circular 263/2016/TT-BTC regulates the collection rates, the regime of collection, payment, management, and use of industrial property fees and charges.

What is a patent in Vietnam?

A patent is a certificate of privileges granted to an inventor or invention owner by a country for a certain period of time. This is a type of license issued by a competent state agency to organizations and individuals to establish industrial property rights over inventions. The conditions and validity of the license will vary according to each country’s laws and international agreements.

Conditions for granting patents

An invention is protected in the form of a patent if it meets the following conditions:

• Novelty;
• Have a creative level;
• Capable of industrial application.

To learn more about the conditions for granting patents, you can refer to the article on the website of Viet An Law or contact us for the most specific advice.

Validity of patent

• Regarding scope of space: valid throughout the entire territory of Vietnam.
• Regarding scope of time: takes effect from the date of issuance and lasts twenty years from the date of application.

The validity of a patent is not extended like a trademark or industrial design, but this validity requires an annual maintenance fee to be paid throughout the protection period to be maintained.

Maintaining the validity of a patent also applies similarly to utility solutions.

Procedures to remain valid for a patent in Vietnam

Step 1: Prepare and submit the application

Based on the provisions of Circular 16/2016/TT-BKHCN, the documents prepared include:

• Declaration requesting maintenance of validity (according to form 02-GH/DTVB in Appendix C of this Circular);
• Power of attorney (in case the request is submitted through an intellectual representative as Viet An Law);
• Copy of proof of payment of fees and charges according to regulations;
• Other documents (if necessary).

After preparing the application according to regulations, it can be submitted at:

• Head office of the National Office of Intellectual Property (386 Nguyen Trai, Thanh Xuan district, Hanoi city);
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City (8A/1 Nguyen Canh Chan, Nguyen Cu Chinh Ward, District 1, Ho Chi Minh City);
• Representative office of the National Office of Intellectual Property in Da Nang City (3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang City).

Step 2: Processing application

The National Office of Intellectual Property considers the request to maintain validity within 01 month from the date of receipt of the request and fees.

• In case the documents are valid

The National Office of Intellectual Property records it in the National Register of Inventions, issues a notice on maintaining the validity of the protection title, and publishes it in the Industrial Property Official Gazette.

• In case the documents are incomplete or invalid

The National Office of Intellectual Property issues a notice and sets a period of 02 months from the date of notice for the requester to correct errors or make objections.

If at the end of the set time limit the requester does not correct the errors or does not correct the errors unsatisfactorily, has no objections, or has objections that are not valid, the National Office of Intellectual Property shall issue an order. Decide to refuse to maintain the validity of the protection certificate.

The process for processing requests remains valid

From the date of receipt of the application, the National Office of Intellectual Property considers the application to maintain validity for a period of 01 month. In case the application has no errors, the National Office of Intellectual Property shall issue a decision to maintain the validity, record it in the protection title (if required), register, and announce the decision to maintain the validity of the protection title in the Industrial Property Official Gazette within 02 months from the date of the decision.

After the validity maintenance procedure has been completed, in case the title holder is accepted for the protection request, he/she must fulfill the obligation to pay fees and charges according to regulations as well as carry out procedures to amend the protection title.

In case the National Office of Intellectual Property issues a notice of intention to refuse to maintain validity, clearly state the reason and set a period of 02 months from the date of notice for the requester to correct errors or object, if the request to maintain validity falls into one of the following cases:

• The application to maintain validity is invalid or is not submitted according to prescribed procedures;
• The person requesting maintenance of validity is not the owner of the corresponding protection title.

If at the end of the set time limit the requester does not correct the errors or the errors are not corrected unsatisfactorily, there is no objection or there is an objection that is not valid, the National Office of Intellectual Property shall issue a decision to refuse the request of maintaining the validity of the protection certificate.

Fees remain valid for a patent in Vietnam

According to the table of industrial property fees and charges prescribed in Circular 263/2016/TT-BTC, the fees for payment to maintain the validity of patent/utility solution protection titles are as follows:

• Validity maintenance fee: 100,000 VND/point
• Late maintenance fee: 10% maintenance fee/each month of late payment
• Fee for appraisal and maintenance request: 160,000 VND/protection title
• Fees for use of protected title (by year):

• Fee for publishing Notice of Recording and Maintaining: 120,000 VND/application
• Fee for registration of information to maintain validity: 120,000 VND/ protection title.

Some notes when maintaining the validity of a patent in Vietnam

First, regarding the effectiveness of protection

An invention patent is valid from the date of issue until 20 years from the date of filing. Protection title of a patent in Vietnam needs to be maintained annually.

For example:

On July 1, 2020, you filed an application for patent protection at the Intellectual Property Office.

On July 2, 2023, your invention was granted a patent.

Thus, your patent will be exclusively protected by law from July 2, 2023, lasting up to 20 years from the filing date, meaning it will be protected until July 1, 2040.

Second, note the time limit

To maintain the validity of an invention patent, within 06 months before the end of the validity period, the owner of the patent must submit a request to maintain validity.

Note that the application to maintain validity can be submitted late but not more than 06 months from the end of the validity period and the owner of the patent will pay an additional late maintenance fee. Paying attention to time will help title owners save time and money.

Third, regarding implementation results

After the review period, the National Office of Intellectual Property will issue a notice to record and maintain the validity of the patent and publish it in the Industrial Property Official Gazette or decide to refuse to maintain the validity of the patent. At this time, applicants who do not apply through an intermediary must regularly monitor their applications and promptly update the Notices to avoid affecting their applications if rejected.

Above is Viet An Law’s advice on regulation to remain valid for a patent in Vietnam. If you need to remain valid for your patent, please contact us to receive the best support!