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)