Patent Registration In Vietnam – All You Need To Know

Intending to assist esteemed clients in successfully and quickly registering patents (inventions), we are pleased to introduce the new and updated regulations in 2023 on patent registration in Vietnam as follows:

What is an invention? (patent)

An invention is a technical solution in the form of a product or a process that is intended to solve a problem by application of laws of nature. An invention shall be protected by the mode of the grant of an invention patent or utility solution patent.

What is patent registration?

Patent registration means that the invention owner carries out procedures for filing an invention application at the Vietnam Intellectual Property Office (VNIPO) to obtain an invention patent, recognizing the exclusive ownership of the invention to owners throughout the territory of Vietnam for a certain period.

Registration of exclusive protection for invention becomes especially important and necessary in the context of a very fiercely competitive market. Invention registration establishes a competitive advantage for businesses in the market, while also safeguarding the invention from infringements and invention “theft”.

Who has the right to file a patent application for registration?

According to Article 86 of the Vietnam Intellectual Property Law, amended and supplemented in 2022, the following organizations and individuals have the right to register invention protection:

(a) The author or the lawful successor of the author who creates an invention using their effort and expense;

(b) Organizations or individuals who invest funds and material resources for the author through assignment or employment, except in cases where the parties have agreed otherwise.

Why do you have to register an invention?

The registration of patent protection holds four significant implications for businesses, as follows:

i) First, inventions can only be legally recognized and protected by the law based on registration with the competent State authority (Vietnam IP Office). Registration of inventions grants businesses exclusive legal ownership rights over the invention throughout the territory of Vietnam. Therefore, businesses need to acknowledge the importance of protecting inventions and proceed with registration as early as possible.

(ii) Secondly, registration helps the owner prevent infringement and theft of their invention by competitors. By holding an invention patent, the owner can publicly disclose and widely use their invention without the fear of losing it. They have the right to be assured that no one else in the market is allowed to manufacture or use their invention without their permission.

(iii) Thirdly, registering for invention protection creates a source of income for the owner. With an invention patent in hand, the owner has complete ownership of his invention: use, lease, sell, and franchise. Moreover, an invention patent can even be used as collateral for bank loans to help owners have a secure budget for other investments

(iv) Importantly, the fourth implication is that you have the right and confidence to set higher prices for your products compared to competitors. This is because only your business has the exclusive right to produce and sell such unique and useful products in the market.

What are the conditions for invention protection?

Invention will be protected when it fulfills the following conditions:

√ Having Novelty: The invention must have significant differences from any inventions that have been publicly disclosed through use, described in writing, or any other form, either domestically or internationally.

√ Having Creativity (inventive steps): The invention must not be easily created by a person with average knowledge in the corresponding field.

√ Having Industrial applicability: The invention is considered to have industrial applicability if it can be used as a model for mass production of products or repeated application of the process that is the subject matter of the invention and to achieve stable results.

Which types of inventions are protected according to the regulations?

The types of invention protected under the provisions of the Vietnam Intellectual Property Law include:

◊ Products, in the form of

• New devices (tools, machinery, equipment, components, etc.) are represented by a set of information that defines an artificial product characterized by structural features and functionality.
• New materials (substances, compounds, food, pharmaceuticals, etc.) are represented by a set of information that defines an artificial product characterized by the presence, proportion, and state of its elements, with specific functionality.
• New drugs, pharmaceuticals, and vaccines.

◊ Methods and processes for producing/manufacturing new devices, materials, or pharmaceuticals (technological processes; diagnostic, forecasting, testing, and treatment methods, etc.) are represented by a set of information that defines the procedure for carrying out a specific process or task, characterized by features related to sequence, conditions, participating components, measures, and means of achieving a specific objective.

Which objects are not eligible for invention exclusive protection registration?

Not all types of objects can be registered for invention protection, according to the provisions of the Vietnam Intellectual Property Law. The following objects will not be eligible for invention protection registration:

1. Scientific discoveries or theories, mathematical methods;
2. Schemes, plans, rules, and methods for performing mental acts, training domestic animals, playing games, doing business; and computer programs;
3. Presentations of information;
4. Solutions of aesthetical characteristics only;
5. Plant varieties, animal breeds;
6. Processes of plant or animal production that are principally biological other than microbiological ones;
7. Human and animal disease prevention, diagnostic and treatment methods.

What are the steps for registering invention protection in Vietnam?

The procedure for registering an invention patent includes the following steps:

Step 1: Preliminary evaluate the eligibility for granting a patent of the invention

The client should conduct a preliminary search to evaluate the possibility successfully of your invention registration before submitting a formal application to VNIPO.

ELITE is ready to assist in consulting and preliminary searching the possibility of invention registration for customers

Step 2: Research on the possibility of registering the invention

One of the most important conditions for registering an invention is novelty (the invention has not been disclosed in any form before the application date). Therefore, after applying for invention registration to the Vietnam Intellectual Property Office (VNIPO), clients should refrain from widespread disclosure.

Note: Researching the possibility of registering the invention is not mandatory but essential to assess the chances of successful registration and to save time and costs for clients. If requested, ELITE Law Firm is ready to assist Clients in researching and evaluating the possibility of protection before submiting.

Step 3: Submitting the invention registration application

After going through the procedure of researching the possibility of registering the invention, customers will proceed to submit the invention registration application to the VNIPO to obtain the earliest priority date.

Step 4: Evaluation of the invention registration application

Under regulations of Vietnam IP Law, after submitting the patent application, the application will go through specific evaluation stages as follows:

(i) Formality examination: 1 month;

(ii) Publication of the invention application in the industrial property gazette: within 2 months from the date of acceptance of the valid application;

(iii) Substantive examination of the application: not exceeding 12 months from the date of publication;

Note: In practice, the registration process for industrial design can take approximately 18 -24 months due to the backlog of applications at the National Office of Intellectual Property.

Step 5: The VNIPO issues a Decision on granting/rejecting the protection certificate (Invention Patent)

During the examination process in Step 4, if the registered invention does not meet the requirements for protection, VNIPO will issue a decision rejecting the grant of the protection certificate.

If the registered invention meets the requirements for protection, and the applicant submits the required granting fees in full and on time, the VNIPO will issue a Decision granting the Invention Patent, recording it in the National Register of Invention, and publishing it in the Industrial Property Gazette.

Step 6: Monitoring the validity of the invention Patent

If instructed, our ELITE Law Firm will monitor the validity of the invention patent. As per regulations, the invention patent is valid for 20 years from the filing date (priority date) and can not be renewed.

What is a patent (invention)?

The invention Patent is a certificate issued by the VNIPO to the applicant to acknowledge their lawful ownership rights over the registered and protected invention.

The basic information included in the invention protection certificate typically consists of:

(i) Owner information: Name, address of the owner;

(ii) Application date, application number; certificate number, certificate issuance date;

(iii) Duration of the certificate’s validity, etc.

(iv) Drawings/Images of the registered invention :

Note: During business operations, if any changes occur in the information stated on the invention Patent, such as company address (which often changes for legal entities), the patent owner must record these changes on the invention Patent at the VNIPO.

What does the invention registration dossier include?

The invention registration dossier includes:

[1] 2 Description of the inventions;

[2] An abstract of the invention with drawings

[3] Power of Attorney from the applicant to the IP representatives (if submitted through an IP Agent);

[4] Priority right request documents (if applicable);

[5] Receipt of application fee payment.

Sample form of registration for invention

Where do I need to file an industrial design application?

Currently, VNIPO accepts both direct (offline) filing and online registration via the VNIPO’s web portal, specifically as follows:

1. a) Filing an invention registration application directly with a paper application:

The applicant may submit an invention registration dossier directly or send it by post to the VNIPO at the following address:

1. i) in Hanoi

Vietnam Intellectual Property Office (VNIPO)

Address: No. 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan district, Hanoi

Phone: 024 3858 3069

1. ii) in Ho Chi Minh City

Representative Office of VNIPO in Ho Chi Minh City

Address: 8A/1 Nguyen Canh Chan, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City – Phone: (08) 3920 8483 – 3920 8485

iii) in Da Nang:

Representative Office of VNIPO in Da Nang

Address: 26 Nguyen Chi Thanh, Hai Chau District, Da Nang City.

Phone: 0511.3889955 – Phone: (0511) 3889955; Mobile Phone: 0903502566

1. b) Online application filing:

The applicant needs to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and have an account approved by the VNIPO to perform IPR registration transactions at the portal website of the VNIPO at the address: http://dvctt.noip.gov.vn:8888/HomePage.do

How long is the validity of an invention patent in Vietnam?

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date and are not renewable.

How much are the fees for invention registration in Vietnam?

(i) Official Fee to Vietnam Intellectual Property Office;

(ii) Attorney Fee if the applicants use registration services by an IP agent.

We would like to inform you that the official fees for filing invention applications at VNIPO are as follows:

1. FILLING

1.1  for the first independent claim: 14.67 USD

1.2. for each further independent claim (if any): 8.00 USD

1.3  for each specification page over six (if any): 0.35 USD

2. Claiming priority:

– For the priority: 26.67 USD

– For each additional priority: 26.67 USD

3. Classification of invention for IPC (if any): 4.45 USD
4. Publication of the application:

4.1. for bibliographic data and the first drawing: 5.33 USD

4.2. for bibliographic data and the first drawing: 2.67 USD

4.3  for each specification page over six: 0.44 USD

II SUBSTANTIVE EXAMINATION

1. Request for substantive examination

1.1. for the first independent claim: 58.67 USD

1.2.  for each further independent claim (if any): 58.67 USD

1.3.  for each specification page over six (if any): 1.42 USD

III. PATENT ISSUANCE

1. Grant of Patent

1.1 – for the first independent claim: 5.33 USD

1.2 – for each further independent claim (if any): 4.45 USD

2. Registration & Publication of the patent with one drawing: 10.67 USD

2.1 – for each drawing above one: 2.67 USD

2.2 – for each specification page above six 0.45 USD

3. Usage of patent for 1st annuity

3.1 – for the first independent claim: 13.34 USD

3.2 – for the further independent claim: 13.34 USD

4. Requesting for 1st annuity

4.1 – for the first independent claim: 4.45 USD

4.2 – for the further independent claim: 4.45 USD

How much is the patent annuity fee?

Complaints and settlement of complaints related to invention registration procedures in Vietnam

Article 119a of the Vietnam IP Law provides for complaints and settlement of complaints related to invention registration procedures in Vietnam as follows:

1. The applicant and individuals or organizations directly related to the decision or notification regarding the processing of applications for establishing IP rights, maintaining, renewal, amending, terminating, or canceling the validity of industrial design patents, or registration of industrial property transfer agreements issued by the State Management Agency for industrial property (the VNIPO) have the right to file complaints with the VNIPO or initiate legal proceedings at a competent court according to the provisions of this Law and other relevant laws.
2. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production and business establishments in Vietnam shall file complaints directly or through their legal representatives in Vietnam. Foreign individuals not permanently residing in Vietnam, foreign organizations, and individuals without production or business establishments in Vietnam shall file complaints through their legal representatives in Vietnam.
3. Complaint contents must be presented in a complaint form, clearly stating the full name and address of the complainant; number, signing date, the content of the complained decision or notice; complaint content, arguments, and evidence to prove the complaint; a specific proposal to correct or rescind the relevant decision or notice. Complaints are filed in paper form or electronically under the online filing system.
4. In case the complaint is related to the right of registration or other matters requiring re-examination, the complainant must pay the re-examination fee.
5. The time limit for complaint settlement shall comply with the provisions of the law on complaints. In case the State Management Agency in charge of industrial property rights (the VNIPO) re-examines the cases specified in Clause 4 of this Article or the complainant amends and supplements the complaint file, the time for re-examination, the time limit for amending and supplementing the complaint dossier shall not be included in the time limit for complaint settlement according to the provisions of law on complaints. The time limit for re-examination shall comply with the provisions of Clause 3, Article 119 of this Law.
6. Complaints and settlement of complaints not specified in this Article shall comply with the provisions of the law on complaints.

Principle of priority date when registering an invention

In case there are many applications by different people for registration of inventions that are identical or not significantly different from each other, an invention patent may only be granted to a valid application with a priority date or earliest filing date among those that meet the conditions for a protection patent.

Our professional service for patent registration and patent enforcement in Vietnam

ELITE LAW FIRM with its Team of Lawyers and Associates with in-depth knowledge in the field of IP, ready to support clients in consulting and evaluating the ability to protect your invention in Vietnam, Laos, Cambodia, and other countries in the world. We have more than 20 years of experience in registration, protection and dealing with invention patent infringement in Vietnam. We are proud and happy to assist a lot of the world’s leading prestigious Brands, including Fortune 500 companies, such as LG Corp., LG Electronics, LG Household & Healthcare Ltd., Thefaceshop, The Wonderful Company, Accor Group, Smilegate, M&K Holdings, Tokyo Life, Toplist, and more…

Our process for advising on the registration of your invention consists of the following steps

01. Please let us know your patent registration requirements and purposes so that we can understand and advise you on the best solution;

02. We will advise on fees, and procedures and conduct a search, evaluate your invention protection ability, and check the validity of the dossier before submitting the application for registration;

03. When your invention is capable of protection, we will prepare the application file for registration of the invention quickly and accurately according to the customer’s request;

04. During the application examination process, we will regularly monitor and update the application status for clients to correct arising errors (if any);

05. Keep confidential information of applications and clients, we use our smart software CONSHACLO (® TM) to handle and manage applications;

06. During the application processing, we always keep in touch, and exchange information to best meet the wishes of clients.

For all necessary information related to patent registration procedures in Vietnam, please contact us via:

Tags: Industrial Design, Notable Articles