Patent in VIETNAM

Understanding Patent Law in Vietnam: A Complete Guide

Vietnam’s patent law operates under the “first to file” principle, which means the first person to file a patent application is awarded the patent. The country distinguishes between different types of patents, including invention patents, utility solution patents, and design patents:

• Invention patents: Maximum protection for 20 years;
• Utility solution patents: Maximum protection for 10 years;
• Design patents: Maximum protection for 5 years, renewable for two consecutive periods of 5 years.

To secure patent rights for industrial designs and inventions in Vietnam, individuals must register them directly in Vietnam. However, for patents related to other inventions, applications can be managed through the Patent Cooperation Treaty (PCT).

How to Register an Invention or Utility Solution Patent in Vietnam

To obtain a patent in Vietnam, you must submit an application to the Intellectual Property Office of Vietnam (IP Vietnam) either in person or by mail. Alternatively, applications can be made through the IP Vietnam offices located in Ho Chi Minh City or Da Nang.

Patent Registration Requirements in Vietnam

The patent registration process involves several key steps that must be followed in order to obtain a patent in Vietnam:

  1. Conceiving Your Invention

  2. Patent Search and Drafting an Application

  3. Filing a Patent Application

  4. Publication of the Application

  5. Request for Examination

  6. Respond to Oppositions

  7. Grant of a Patent

For detailed information on the patent registration process, please feel free to contact us at bud-prairie@bud-prairie.com.

Patent Search in Vietnam

  1. Patentability Search
    A patentability search helps determine whether your invention is novel and non-obvious. This search identifies any prior art that may impact your patent application. Performing this search early in the ideation phase helps you avoid unnecessary costs and ensure that your invention is truly patentable.

  2. Freedom to Operate (FTO) Search
    A Freedom to Operate (FTO) search checks for existing patents that might affect your ability to manufacture, sell, or market your product. Conducting an FTO search early in the development process helps minimize patent infringement risks.

  3. State of the Art Search
    The State of the Art search allows you to examine trends and existing products within your industry. This search helps businesses stay competitive by offering insights into similar inventions and technologies.

  4. Invalidity Search
    An invalidity search assesses the strength of an existing patent and helps determine if prior art renders it invalid. This type of search is especially valuable when challenging the validity of a patent in court.

  5. Evidence of Use Search
    An evidence of use search identifies products that infringe on your patent rights. This search is particularly useful after a patent has been granted, allowing patent holders to enforce their rights.

  6. Search Databases
    Several databases, such as USPTO, Google Patents, Free Patents Online, and esp@cenet, are available for conducting patent searches. Subscription-based databases, such as Patbase and Orbit, offer more comprehensive data coverage for serious patent researchers.

Patent Drafting is the process of preparing the detailed description and claims for your patent application. It is essential for securing strong patent protection. Key components of a patent specification include:

• Field of Invention: Describes the area of technology related to your invention.
• Background: Explains existing devices or methods, also known as prior art, and highlights the disadvantages or limitations.
• Summary of Invention: Describes the objectives, distinguishing features, and advantages of your invention.
• Detailed Description: Provides a thorough explanation of the invention, ensuring that a skilled person in the art can understand it.
• Claims: Defines the legal boundaries of your invention’s protection.
• Abstract: A brief technical summary of your invention.
• Drawings: If applicable, drawings illustrate the design or functioning of the invention.

Proper patent drafting is critical for preventing challenges to the validity of your patent by third parties.

Patent filing in Vietnam is a legal process that protects your intellectual property rights. It begins with filing a patent application with the Intellectual Property Office of Vietnam (IP Vietnam). The process involves examination and, if the invention meets the protection criteria, granting of the patent. If it doesn’t meet the criteria, the application is rejected.

We offer professional patent prosecution services, including drafting patent specifications, translating documents, and negotiating with IP Vietnam examiners to secure patent protection for your inventions.

Patent opposition is a process where third parties can challenge the validity of a patent application or a granted patent. Opposition can be filed after the publication of the patent application. If an applicant’s claims are rejected twice, they may appeal the decision to IP Vietnam.

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