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Practice Area

Vietnam

I. Types of Patents in Vietnam:
Vietnamese patents are divided into three types: Invention, Utility Solution, and Industrial Design.

Application Routes for Invention and Utility Solution Patents:

  • Domestic Application
  • Paris Convention
  • PCT International Application

Application Routes for Industrial Design Patents:

  • Domestic Application
  • Paris Convention
  • Hague Agreement

II. Documents Required for Vietnamese Patent Applications:

Industrial Design:

  • Request Form: Includes the name of the industrial design, designer's name, applicant's name or entity, and address.
  • Drawings or Photos of the Design: At least two sets of drawings or photos showing six views (front, rear, top, bottom, left, right; 3D views if necessary).
  • Brief Description of the Design: Submitted if necessary.

Invention:

  • Request Form: Includes the name of the invention, inventor's name, applicant's name or entity, and address.
  • Description: Includes the name of the invention, technical field, background art, summary of the invention, description of drawings, and detailed embodiments. The content should be sufficiently detailed to enable a person skilled in the art to carry out the invention.
  • Claims: Explain the technical features of the invention and concisely define the scope of protection sought.
  • Drawings: Usually included for inventions. May be omitted if the description alone is sufficiently clear and complete.
  • Abstract: Clearly states the technical problem to be solved, the main points of the solution, and primary uses.

Utility Solution:

  • Request Form: Includes the name of the utility solution, inventor's name, applicant's name or entity, and address.
  • Description: Includes the name of the utility solution, technical field, background art, summary, description of drawings, and detailed embodiments. The content should be sufficiently detailed to enable a person skilled in the art to carry it out.
  • Claims: Explain the technical features and concisely define the scope of protection.
  • Drawings: Usually included. May be omitted if the description is sufficiently clear and complete.
  • Abstract: Clearly states the technical problem, key aspects of the solution, and main uses.

III. Vietnamese Patent Application Process and Timeline:

Process: Application Submission → Formality Examination → Publication → Substantive Examination → Grant / Certificate Issuance

Invention Patent:

  • Filing Receipt Issued: Approximately 2 weeks
  • Application to Examination: Approximately 3 years
  • Grant Period: Approximately 3-6 months. Total time from application to grant if smooth: approximately 3-5 years.
  • Term of Protection: 20 years
  • Power of Attorney (signed and stamped, original hard copy must be returned to our company and submitted to the office within 1 month from the filing date).
  • Priority Document: Must be submitted to the office within 3 months from the filing date.

Utility Solution Patent:

  • Filing Receipt Issued: Approximately 2 weeks
  • Application to Examination: Approximately 3 years
  • Grant Period: Approximately 3-6 months
  • Term of Protection: 10 years
  • Power of Attorney (signed and stamped, original hard copy must be returned to our company and submitted to the office within 1 month from the filing date).
  • Priority Document: Must be submitted to the office within 3 months from the filing date.

Industrial Design Patent:

  • Filing Receipt Issued: Approximately 2 weeks
  • Application to Grant: Approximately 12-18 months
  • Term of Protection: 15 years (initial term is 5 years, renewable every 5 years)
  • Power of Attorney (signed and stamped, original hard copy must be returned to our company and submitted to the office within 1 month from the filing date).
  • Priority Document: Must be submitted to the office within 3 months from the filing date.

Note:
Vietnam's National Office of Intellectual Property (NOIP)


Vietnam
Vietnamese Patent Application Guide
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