Maintaining patent validity in Vietnam

What is maintaining patent validity?

ELITE: Under the IP Law of Vietnam, to maintain the validity of a Patent, the Patent owner must annually pay annuity fees at the VNIPO within 6 months before the Patent expires.

What are the required documents for maintaining patent validity?

ELITE: The application dossier for maintaining patent validity includes:

1. Application request (under a required form);
2. Authorization document/Power of Attorney (in case the request is submitted through an IP Representative/Agent);
3. Copy of fee payment receipt (in case of payment of fees via postal service or direct payment to the VNIPO’s bank account).

What is the time limit for carrying out procedures to maintain the validity of a patent?

ELITE: According to regulations, the procedure for maintaining the validity of a patent is 01 month from the date of submitting a complete application.

How much does it cost to maintain the validity of a patent annually?

ELITE: We note that fees for maintaining the validity of a patent annually include:

• (i) Government fees:

The fee for maintaining the validity of a Patent (maintaining fee and using fee) is calculated according to each year of validity and for each independent claim of the Patent, specifically as follows:

1. Year 01 to year 02 (each year), for the first 01 independent YCBH point: 800,000 VND, additional fee for each YCBH point (from the 2^nd year): 400,000 VND
2. 3^rd to 4^th year (each year), for the first 01 independent YCBH point: 1,000,000 VND, additional fee for each YCBH point (from the 2^nd year): 600,000 VND
3. 5^th to 6^th year (each year), for the first 01 independent YCBH point: 1,300,000 VND, additional fee for each YCBH point (from the 2^nd year): 900,000 VND
4. Year 07 to year 08 (each year), for the first 01 independent YCBH point: 1,700,000 VND, additional fee for each YCBH point (from the 2^nd year): 1,300,000 VND
5. 9^th to 10^th year (each year), for the first 01 independent YCBH point: 2,300,000 VND, additional fee for each YCBH point (from the 2^nd year): 1,900,000 VND
6. Year 11 to year 13 (each year), for the first 01 independent YCBH point: 3,000,000 VND, additional fee for each YCBH point (from the 2^nd year): 2,600,000 VND
7. Year 14 to year 16 (each year), for the first 01 independent YCBH point: 3,800,000 VND, additional fee for each YCBH point (from the 2^nd year): 3,400,000 VND
8. Year 17 to year 20 (each year), for the first 01 independent YCBH point: 4,700,000 VND, additional fee for each YCBH point (from the 2^nd year): 4,300,000 VND

• (ii) Service fee: Please contact us immediately to enjoy the most preferential service fee.

What do you need to pay attention to when carrying out procedures to maintain your patent validity?

ELITE: To maintain the validity of a patent in Vietnam, the patent owner is required to pay an annuity patent fee within 06 months before the expiry date (from the granting date of a patent). The annuity payment can be submitted late within a grace period of 06 months (from the date of expiration) along with a late payment fee.

With a team of deep expertise and more than 20 years of experience in the field of intellectual property protection based on our six Core Values, including Integrity, Empathy, Responsibility, Carefulness, Determination, and Learning, We (ELITE Law Firm) are committed to accompanying you and will support you in carrying out this procedure successfully, quickly and economically. Contact us now!