Patent/Utility Solution

1What is an appeal against a Decision on refusal of granting a Patent for an invention/patent application

ELITE: An appeal against a Decision on refusal of granting a Patent for an invention registration means that the Invention Applicant having such a refusal Decision issued by the the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal decision if there are sufficient legal grounds to prove that this Decision is contrary to law provisions, directly infringing upon the Invention Applicant’s legitimate rights and interests.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

2What is the purpose of filing an appeal against a Decision on refusal of granting a Patent for an invention registration application?

ELITE:The purpose of filing an appeal against the Decision on refusal of granting a Patent for an invention application is to protect the Invention Applicant’s legitimate rights and interests of in accordance with the law, specifically, requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for the Appellant.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

3How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Patent for an invention registration application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Patent for an invention application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged, but must not exceed 45 days from the acceptance date. The time limit for resolving a second-time Appeal must not exceed 45 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving may be prolonged, but must not exceed 60 days from the acceptance date.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

4What are required documents for filing an Appeal against a Decision on refusal of granting a Patent for an invention registration application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Patent are as followings:

i) An Appeal Application (under the Form);

ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any);

iii) A copy of the NOIP's Decision on refusal of granting a Patent;

iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent);

v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

5How long is the statute of limitation for filing a first-time Appeal against a refusal Decision for an invention registration application at the NOIP?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a refusal Decision from the NOIP.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

6What should the Appellant do if he/she disagrees with the results of the NOIP's first-time Appeal settlement/resolving as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology, or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

7Which state agency has the function of assessing industrial property in Vietnam?

ELITE:

Currently, the Institute of Intellectual Property Science under the Ministry of Science and Technology - the only public non-business unit in Vietnam - has the conditions to conduct industrial property assessment.

Address: 39 Tran Hung Dao Str., Hoan Kiem Dist., Hanoi, Vietnam

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

8In Vietnam, in what cases is a patent cancellated?

ELITE: According to Vietnam Intellectual Property Law amended in 2022 (Article 96), invention, utility solution patent may be cancellated by the NoIP in the following:

a) A patent protection tile shall be entirely cancellated in the following cases:

(i) The registration application is filed contrary to the provsions on security control for inventions;

(ii) The invention registration application which are directly created based on genetic resources or traditional knowledge about genetic resources but do not disclose or incorrectly disclose the origin of genetic resources or traditional knowledge about the genetic resources contained in that application.

b) A patent protection tile shall be partly or entirely cancellated if entirely or partly of that protection tile fails to satisfy the provision on register rights, protection conditions, amended, supplemented tile, invention disclosed, first – to – filed principle, in the following cases:

(i) The registration applicant has neither had nor been assigned the right to register the invention by the person having the right to register.

(ii) An invention failed to satisfy the protection conditions;

(iii) Amendment or supplementation of an application for registration of industrial property expand the scope of the subject disclosed or stated in the registration application, change the nature of the subject for registration stated in the application;

(iv) The invention has not been publiced sufficiently and clearly for a person with average knowledge of the relevant technical field to do;

(v) The patented invention extends beyond the scope of disclosure in the original description of the registration application;

(vi) The invention does not satisfy the first filing principle of the IP Law.

According to Vietnamese regulations, if a patent/utility soluton is partly cancellated or entirely cancellated in those cases mentioned above, entirely or partly of the cancellated Patent/Utility solution patent will be unvalided from the grant date of the protection tile.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

9How to assigning industrial property rights (ownership rights transfer) in Vietnam?

ELITE: According to the provisions of the Law on Intellectual Property (IP) of Vietnam, the owner of an industrial design patent has the right to use, let others use, prohibit others from using, assign and lease the right to use (Licensing) for his or her IP license (Article 123 of the Vietnam Intellectual Property Law).

Customers please note that, according to the provisions of the Vietnam IP Law, the industrial design patent assignment contract must be made in writing and registered at the NOIP to have legal effect.

A contract for the transfer of a Business Registration Certificate should contain the following main contents:

- Full name and address of assignor and assignee.

- Transfer basis.

- Transfer price.

- Rights and obligations of the assignor and assignee.

Regarding the procedure for registering an Industrial Design Transfer Contract at the NOIP, customers need to prepare a normal dossier set, including:

- 02 declarations for registration of transfer contracts (form);

- 01 original transfer contract with signatures and seals of the parties;

- 01 original valid industrial design patent;

- Proof of payment of fees and charges.

- 01 Power of Attorney (if submitted through an industrial property representative such as ELITE Law Firm).

The time limit for completing the procedures for registration and recognition of industrial design transfer contracts at NOIP is 02 months according to regulations. However, this time limit may be extended because the dossiers are not valid according to regulations or due to the overload of applications at the NOIP.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com