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Validity of patent in Vietnam

The basic meaning of protecting intellectual property rights in general and patents, in particular, is to create a healthy competitive environment and stimulate economic development by influencing the financial motivation of the creative activities. However, patent protection is valid for a certain period of time, and what to do when the validity period of the patent is nearing its end. In the following article, Viet An Law will summarize the regulations on the validity of patent in Vietnam.

Legal basis

  • Intellectual Property Law 2005, as amended and supplemented in 2022;
  • Circular 16/2016/TT-BKHCN, as amending Circular 01/2007/TT-BKHCN guiding 103/2006/ND-CP;
  • Circular 263/2016/TT-BTC regulates the rates, collection, payment, management, and use of industrial property fees and charges.

Regulations on inventions

Pursuant to Clause 12, Article 3 of the Intellectual Property Law, regulations on inventions are technical solutions in the form of products or processes to solve a defined problem by applying natural laws. Invention protection is regulated by law in two forms: granting patents for inventions or patents for utility solutions.

Benefits of patent registration in Vietnam

Patent registration is a way to protect the author’s creative achievements, ensure legal ownership of the invention, and help owners protect their interests easily in the event of a dispute. In addition, patent registration also helps limit infringements related to inventions and is protected under Vietnamese law throughout the territory. When an infringement of his or her invention occurs, the author can apply sanctions regulations to protect his or her invention in the most effective way.

In addition to ownership benefits, patent registration also helps protect the economic benefits from the owner’s invention. The fact that an invention is protected under the owner’s name also helps build trust and increase credibility with consumers.

Conditions for registration of patent protection

To protect the author’s property rights and not cause confusion with other authors’ inventions, an invention will be exclusively protected if it meets the provisions of Article 58 of the Intellectual Property Law :

  • There is novelty.
  • Have a creative nature.
  • Capable of industrial application.

Among them, the condition of “novelty” is considered the most important condition. “Novelty” is considered a difference that can be distinguished from recognized inventions. Failure to ensure ” novelty ” can cause confusion between inventions and will not be granted a patent, so the owner needs to consider and research carefully so that the process of registering for patent protection is effective. can proceed smoothly.

Pursuant to the provisions of Article 60 of the Intellectual Property Law, specific provisions on inventions are new if:

  • Has not been publicly disclosed in any form domestically or abroad before the patent application filing date or before the priority date in case the patent application enjoys priority rights.
  • An invention is considered to have not been publicly disclosed if only a limited number of people are aware of it and are obligated to keep it secret.
  • An invention is not considered to have lost its novelty if it is publicly disclosed to the public by the person who has the right to register as prescribed in Article 86 of the Intellectual Property Law or the person who has obtained information about the invention directly or indirectly from that person. condition that the patent application is filed in Vietnam within twelve months from the date of disclosure.

Regulations on the validity of patents

Pursuant to Clause 2, Article 93 of the Law on Intellectual Property The patent will take effect from the date of grant and last for 20 years from the date of filing.

How to maintain the validity of a patent?

The Intellectual Property Law has provisions on maintaining the validity of patents in Clause 1, Article 94, accordingly, to maintain the validity of invention patents and utility solution patents, the owner of the protection title must pay a maintenance fee.

How to maintain the validity of a patent

To maintain the validity of the diploma, the diploma holder needs to pay attention to fulfilling the following financial obligations:

  • Within 6 months before the validity date of the diploma, the diploma holder must pay a validity maintenance fee.
  • The delay in paying the validity maintenance fee must not exceed 06 months from the end of the validity period before and after each month of late payment, the holder of the diploma will have to pay an additional 10% of the fee for each month.

Financial obligations need to be fulfilled to maintain the validity of the patent

Pursuant to the provisions of Circular 263/2016/TT-BTC, the fees and charges 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):
Year 1 – 2 300,000 VND/year/point
Year 3 – 4 500,000 VND/year/point
Years 5 – 6 800,000 VND/year/point
Years 7 – 8 1,200,000 VND/year/point
Year 9 – 10 1,800,000 VND/year/point
Years 11 – 13 2,500,000 VND/year/point
Years 14 – 16 3,300,000 VND/year/point
Years 17 – 20 4,200,000 VND/year/point

 

  • 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.

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 title. protected 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. household.

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 give comments. 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 an order. Decide to refuse to maintain the validity of the protection certificate.

If you need advice or learn more about the validity of patent in Vietnam, please contact Viet Law Firm. An for the best support.

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