Time and procedures for patent registration:
+ The time for form evaluation: 01 months from the date of receipt;
+ The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation;
+ The time for content evaluation: 12 months after receiving the request for content evaluation or the date of publication
+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.
+ Declaration (02 sheets according to form);
+ Description (02 sheets, including drawings, if any);
+ Relevant documents (if any);
+ Receipt of fees and charges.
+ Request for protection (02 sheets);
Patent registration requirements:
1.Organizations and individuals that meet the following conditions may register for patent:
+ The author created the patent by his efforts and expenses;
+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;
+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;
+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;
+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;
+ The case that the invention was created by using the technical facilities and expenses from state budget:
+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.
2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.
3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.
ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam
For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at email@example.com or call the telephone at +848 35202779.
At ANT Lawyers, we provide Patent attorneys in Vietnam with specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.
The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.
It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.
If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:
- Failure in providing enough file for patent registration;
- Making inaccurate statement such as incorrect description;
- Wasting time because the documents is not valid;
- Loss of patent right because of other patents;
- Loss of capability on exploiting economic from patent right;
With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right. The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.
The patent attorney assist clients as following:
- Advise about the procedure for registration prior submitting application;
- Compile all forms related to patent registration procedure;
- Prepare for registration dossier and conduct the registration;
- Subscribe to the application already filed and report to clients on the status of the application;
- Inform, advise and handle mission or refusal of Patent Agency;
- Get Patent and hand over to clients after receiving patent from patent Agency;
- Consult clients about the use of the invention, rights and obligations related to invention after successful registration.
All things become easy, convenient and safe if you get the assistance from a patent attorney in patent registration.
Under Intellectual Property Law of Vietnam, invention is a technical solution which must be of worldwide novelty, involves inventive steps and is applicable in various social and economic fields.
The subject of invention and utility solution may be a device, process, substance, microorganisms, cell culture, and use thereof in accordance with a new function. Subject shall not be protected as inventions include: plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits; computer programs.
ANT Lawyers provides clients patent services as following:
- Advise legal matters and the patent-ability of inventions and utility solutions in Vietnam and in abroad;
- Conduct patent searches and provide information on invention or utility solution, advice measures to protect patent or utility solution in Vietnam and abroad;
- Complete the applications (including translating, writing patent description, preparing illustrative drawings of patent) and file to register invention license or utility solution;
- Enforce the invention or utility solution rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
- Advise matters related to maintenance, payment of maintenance fee; recording of all changes of patent application/registrations;
- Draft, evaluate, register usage or ownership transfer of contracts on invention or utility solution;
For advice and specific details in each case, please contact us directly at firstname.lastname@example.org or call +84 912 817 823
Let ANT Lawyers help your business in Vietnam.