Time limit for registering patent in Vietnam

Patent is one of the subjects of industrial property rights in Vietnam, recognized after registering an invention at the National Office of Intellectual Property. A patent is protected by a protection title issued after registration, which regulated procedure is quite long and complicated. So what is the legal deadline for processing the application? Viet An Law hereby will provide legal regulations related to the time limit for registering patent in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management on intellectual property;
• Circular 23/2023/TT-BKHCN guiding the Intellectual Property Law and Decree 65/2023/ND-CP guiding the Intellectual Property Law on industrial property.

What is a patent?

According 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.

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.

What is the useful solution?

The concept of useful solutions is not specifically regulated in the current Intellectual Property Law, but it can be understood that useful solutions are also technical solutions, newer than the technical level in the world. However, it does not need to meet the same level of creativity as an invention. Technical solutions that do not meet the requirements for patent protection are applied for protection by the application owner as useful solutions to create exclusive rights to exploit and use.

An invention is protected in the form of a utility solution patent if it is not common knowledge and meets the following conditions:

• Novelty;
• Capable of industrial application.

What is the processing time for a patent application in Vietnam?

A patent registration application is understood as an organization or individual applying to a competent state agency to be granted a protection title for an invention in the form of a patent or a useful solution protection title.

The time limit for processing a patent application is the regulated time for the National Office of Intellectual Property to process the patent application.

The time limit for registering patent in Vietnam

Time limit for formal examination of patent application

This is to check the compliance with formal regulations for the application, thereby concluding that the application is valid or invalid.

According to regulations, the time limit for the formality examination of a patent application is 01 month from the filing date.

In case the National Office of Intellectual Property issues a notice of formality examination results in refusing to accept the application because the application is invalid, the time for the applicant to respond to the notice is not included in the formality examination time limit. This period is understood as:

• Time from the date of notice to the date the applicant responds to the notice; or
• The deadline is fixed in the notice, in case the applicant does not respond to the notice.

If the business’s registration application meets the conditions. The National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish it in the Industrial Property Gazette. If the enterprise’s registration application does not meet the conditions, the National Office of Intellectual Property will issue a notice of non-acceptance of the application and request amendments. The application owner and representative of the application owner shall make amendments as requested. Then, submit the amended dispatch to the National Office of Intellectual Property.

The time limit for publishing a patent application

• The patent application is published in the 19^th month from the priority date or filing date if the application does not have a priority date;
• Invention registration applications requiring early publication shall be published within 02 months from the date the National Office of Intellectual Property receives the request for early publication or from the date of acceptance of the valid application, whichever is later.
• Form of publication: Website of the National Office of Intellectual Property and Industrial Property Official Gazette.

Time limit for substantive examination of patent application

The time limit for substantive examination of an invention shall not exceed 18 months, from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if the request is submitted. That request is filed after the date of publication of the application.

Period for applicants to respond to notices from the National Office of Intellectual Property specified in Clause 8, Article 16, Clause 10, Article 23, Clause 13, Article 26 and Clause 7, Article 30 of Circular 23/2023/TT- BKHCN does not count towards the substantive examination time limit. This period is understood as:

• Time from the date of notice to the date the applicant responds to the notice; or
• The deadline set in the notice (including extension according to the provisions of Clause 2, Article 15 of Decree No. 65/2023/ND-CP), in case the applicant does not respond to the notice.
• In case the applicant proactively requests to amend or supplement the application, or responds to a notice from the National Office of Intellectual Property, the time limit for substantive examination is extended corresponding to the time limit for processing the request for amendment. , supplementing the application or the applicant’s explanation for the invention is no more than 06 months;

The National Office of Intellectual Property (NOIP) reviews the conditions for patent registration. On that basis, evaluate the possibility of granting a patent for the invention that the applicant has registered.

The time limit for requesting substantive examination of patent application

• Within 42 months from the date of applying or from the priority date in case the application enjoys priority rights, the patent applicant or any third person may request the administrative authority of NOIP to examine the content of the application on the condition that the application substantive examination fee is paid.
• The time limit for requesting substantive examination of an invention registration application with a request for a utility solution patent is thirty-six months from the filing date or from the priority date in case the application enjoys priority rights.
• In case there is no request for substantive examination submitted within the prescribed time limit, the patent application will be considered withdrawn at the end of that time limit.

The time limit for processing objections to trademark registration applications

• Before the date of issuance of the decision to grant a protection title, within 09 months from the date the patent application is published, any third person has the right to object of a protection title.
• In case objections to an invention registration application meet the prescribed requirements, the National Office of Intellectual Property receives and notifies the applicant of such opinions, setting a time limit of 02 months from the date of receipt. issue a notice to the applicant to respond in writing.
• After receiving a response from the applicant within the prescribed time limit, if deemed necessary, the National Office of Intellectual Property shall notify the opponent of the response and set a deadline of 02 months from the date of issuing a notice to the objector to respond in writing to that response.

Note:

The time limit for the applicant to respond to opponents’ objections and the time limit for opponents to respond to the applicant’s comments are not included in the time limit for the National Office of Intellectual Property to carry out procedures. related regulations.

Time limit for re-examination of patent application

The time limit for re-examination of a patent application is two-thirds of the time limit for the first examination, specifically no more than 12 months.

For complicated cases that need to be verified or require expert opinions, the re-evaluation period may be extended but must not exceed the initial examination period. The time for the applicant to amend or supplement the application is not included in the deadlines

The time limit for processing requests to amend and supplement applications

The time limit for processing a request to amend or supplement a patent application must not exceed one-third of the examination time corresponding to the time limit for formality examination and substantive examination of the application. The time for the applicant to amend or supplement the application is not included in the time limits for formal and substantive examination of the application.

The time limit for granting protection title

After the inventor has paid the licensing fee, the National Office of Intellectual Property will issue an invention patent or a utility solution patent within 2-3 months from the fee payment date.

Patent registration service of Viet An Law Industrial Property Representative

• Legal advice on conditions of inventions, utility solutions, and patent registration;
• Collect documents, analyze and evaluate the possibility of patent registration;
• Representative submits registration documents and monitors progress at the National Office of Intellectual Property;
• Exchange and provide information to customers during the patent registration process.

Above are the legal regulations related to the time limit for registering patent in Vietnam. If you have any questions or need legal advice related to trademark registration as well as registration of other objects of industrial property rights, please contact Viet An Law Firm for the best assistance.