Patents

We provide clients of all sizes with a full range of Patent/PCT services in Vietnam, including:

• General counseling;
• Patentability searches and opinions;
• Patent validity searches and opinions;
• Drafting, translation, preparation, filling, prosecution of patent applications from filing through grant;
• Opposition, appeal, cancellation, invalidation proceedings;
• Negotiation, drafting and registration of licensing/assignment agreements and technology transfer contracts;
• Investigations and opinions on patent infringements and disputes;
• Resolution patent infringements and disputes through arbitration and mediation;
• Dealing with patent infringements through administrative remedies at the state IP enforcement competent administrative authorities (inspectorate, police agencies, market management agencies, custom offices, people’s committees);
• Civil and criminal litigation at courts against patent infringements;
• Watching services;
• Maintenance services

Our patent team includes registered patent attorneys, patent agents and technical advisors, who have science and engineering degrees and advanced degrees covering all aspects of modern technology, such as: 

• Aerospace / AgriBio / Agricultural / AgriFood / Agrochemicals / Automation / Automotive / Aviation
• Biochemical / Biomedical / Biophysical / Biotechnology
• Chemical / Chemicals / Clean & Green Technology / Communications / Computer / Construction / Consumer Goods & Services
• Electrical / Electromechanical / Electronic / Energy / Edutech
• Food & Beverage / Genetic / Information Tecnology / Laser
• Machinery / Manufacturing / Materials / Mechanical / Mechatronic / Medical / Media, Sports and Entertainments / Metallurgy / Molecular Biology
• Nanotechnology / Oil and Gas / Optical / Pakaging / Petro-Chemical
• Pharmaceutical / Pharmaceuticals / Physical / Polymers / Printing
• Robotics / Semiconductor / Signal Processing / Telecommunications / Textiles / Transportation / Unmanned Aerial Vehicles ….

Some of our patent attorneys worked in the leading IP law firms in Vietnam and have nearly 30 years of experience and expertise in patent prosecution, enforcement and litigation before joining the firm. Some of them are licensed to practice before the National Office of Intellectual Property (NOIP) of Vietnam.

We are located in the heart of Hanoi capital, about 6km away from the NOIP. This enables us to work and discuss directly with patent examiners and timely satisfies our client’s requests.

We also have a good relationship and effective cooperation with state IP enforcement competent authorities to protect and enforce client’s IP rights in Vietnam.

All of the above advantages, with our computerized IP management system, are enable us to work in a wide range of technical fields and provide professional services to clients ranging from largest multinational companies to individual inventors in an efficient, reliable, responsive, and cost-effective manner.

For more information concerning patent protection in Vietnam, please click to the desired section below or contact us.

Types of patents

• Patent for Invention;
• Patent for Utility Solution; and
• Patent for Industrial Design

Subject matters not protected as inventions and utility solutions

• Discoveries, scientific theories; mathematical methods;
• Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
• Presentations of information;
• Solutions of aesthetic characteristics only;
• Plant varieties, animal varieties;
• Processes of essentially biological nature for the production of plants and animals other than microbiological processes;
• Disease prevention, diagnostic and treatment methods for human or animals.

Filing principle

• The “first to file” principle is applied for patent applications in Vietnam.
• If several patent applications are filed for the same invention/utility solution, on the same date or claim the same priority date, then all applicants shall be required to merge the applications into one application and only one patent will be granted to all the applicants as co-owners if they so agree. Otherwise, no patent will be granted.
• If two or more patent applications are filed for the same technical solution, one(s) for invention and the other(s) for utility solution, with the same priority conditions, then the NOIP will request the applicants to select a single form of protection (invention patent or utility solution patent) and merge the applications in the similar manner as above mentioned. Otherwise, no patent will be granted.

Priority

• Priority under the Paris Convention is applied in Vietnam, based on an earlier application for the same subject matter filed in a foreign PC member country, or display of the same subject matter in an officially recognized international exhibition held in Vietnam or a foreign PC member country.
• Priority under a bilateral agreement or the principle of reciprocity as to priority can also be applied.

Application and filing

• Each patent application can be filed for one subject matter or a number of subject matters provided that they are so linked as to form a single inventive step (unity requirement).
• For non-PCT applications claiming priority right under Paris Convention, the time limit for filing in Vietnam is 12 months from the filing date of the first filed application, or 6 months from the date the object was displayed at an exhibition.
• For PCT applications, the time limit for entering the national phase in Vietnam under Chapter I and Chapter II of PCT is 31 months counted from the filing date of the first filed application.
• For applications claiming priority right under a bilateral agreement or the principle of reciprocity, the time limit for filing shall be determined in accordance with such an agreement or principle.
• If the application claims different priority dates, the above mentioned time limits will be counted from the earliest priority date.
• Patent applications will be filed with the NOIP in Hanoi or any Receiving Office established by NOIP in Vietnam. Upon filing, a Receipt of Application will be issued in which the filing date and filing number are clearly determined.
• All applications of foreign applicants who are not resident or have not legal representative or real industrial/commercial establishment in Vietnam must be submitted through a licensed local IP agency like Tri Viet & Associates.

Protection term

• Patent shall be effective from the granting date. The validity term of patent shall be 20 years for invention, 10 years for utility solution counted from the filing date, subject to annuity payment.

Formality Examination

• All patent applications (including PCT applications) shall be subject to formality examination at NOIP, which will take place within 01 month from the date at which all the required documents are completely filed (the date may be the filing date or the date of supplementing documents).
• During the formality examination stage, amendments or supplements to the filed application can be made, provided that they must not expand the scope (volume) of protection or change the nature of the invention, utility solution.
• If the formality requirements are met, an official Notification of Acceptance will be issued by NOIP to applicant, in which official filing date, official filing number, and priority date are clearly determined and certified. To the contrary, the NOIP will reject the application with a Notification of Refusal of Acceptance or, where appropriate, notify and request the applicant to rectify the deficiencies.

Publication of accepted patent application

• All patent applications (including PCT ones) which have been accepted as to formality by NOIP will be published in Official IP Gazette, Volume A.
• For non-PCT accepted applications, the time limit for publication is normally in 19^th month from priority date, except some following cases:
• (i) If a request for early publication is filed, the application shall be published within 2nd monthfrom the date of the request or from the date of acceptance as to formality, depending on whichever comes later.
• (ii) If a request for substantive examination is filed before the date of acceptance as to formality, the application shall be published within 2nd month from the date of acceptance.
• (iii) If a request for substantive examination is filed after the date of acceptance as to formality but prior to the expiry of 18-month period from the priority date, then the application shall be published within 2nd month from the date of receipt of the request for substantive examination.
• For PCT accepted applications, the time limit for publication is within 2^nd month from the date of acceptance.

Request for substantive examination

• All patent applications are subject to request for substantive examination within a prescribed time limit. Otherwise, the application shall be deemed to be abandoned.
• Time limit for filing request for substantive examination is 42 month for invention and 36 month for utility solution counted from the priority date.
• Publication of request for substantive examination: if the request is filed before the date of acceptance as to formality, it will be published simultaneously with the accepted application; if the request is filed after the date of acceptance, it will be published within 2^nd month from the filling date of the request.

Substantive examination

• All patent applications which have been accepted as to formality and requested for substantive examination within prescribed time limit will be subject to substantive examination.
• Time limit for substantive examination is 18 months from the date of filing request for examination or from the publication date of the application, depending on whichever comes later.
• During the substantive examination stage, amendments or additions can be made to the filed application, provided that they must not change the nature of the invention, utility solution or extend the scope (volume) of protection claimed.

Refusal or Grant of Patent

• Upon expiry of the substantive examination stage, if the invention or utility solution is found not to be patentable, a Notification of Substantive Examination Result will be issued by NOIP to the applicant for amendments or corrections. Time limit for responding to the NOIP action is within 2 months from the date of issue, failure to do so will result in officially rejection of the application with a Notification of Refusal of Granting Patent issued by NOIP. 
• If the invention or utility solution is found to be patentable, a Patent will be granted under a Decision for Grant of Patent.

Publication of granted Patent

• All granted patents will be published in the official IP Gazette, Volume B.
• Time limit for the publication of granted patent is within 2^nd month from the signing date of the Decision for Grant of Patent.

Annuity payment

• The first annuity shall be due on granting date.
• Each of subsequent annuities must be paid within 6 months before the expiration date of preceding validity year.
• A late payment of an annuity may be allowed within a 6-month grace period, subject to a fine of 10 percent of the respective annuity fee for each month overdue.

For Registration of Patent for Invention/Utility Solution

National Application

Information

• Full name, address and nationality of the applicant(s);
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): application number, filing date and country of the original foreign application from which priority is claimed.

Documents

• Executed  Power of Attorney from the Applicant(s) to Tri Viet & Associates (the original hard copy of this document is required; it can be submitted at filing or within 01 month from the filing date);
• Executed Deed of Assignment from the Inventor(s) to the Applicant(s) if the Applicant(s) and the Inventor(s) are not the same (this document must only be submitted upon request of the VNIPO in case the VNIPO has reasonable grounds to doubt the Applicant’s eligibility); 
• Executed Deed of Assignment of the Priority Rights where the Applicant(s) is different from the Applicant(s) having filed the Priority Application (the original hard copy of this document is required; it can be submitted at filing or within 01 month from the filing date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is an individual, or by an authorized representative of the Applicant if the Applicant is a legal entity and affixed by the seal of such entity (if any). Notarization and/or Legalization are not required.

• English specification (including description, claims, drawings (if any)), and abstract, all in WORD format (required at least 15 days prior to the due filing date for translation into Vietnamese); 
• Certified copy(ies) of the Priority document(s) or Exhibition certificate(s) – applicable where the Paris Convention Priority is claimed (the original hard copy(ies) of the document(s) is/are required and can be submitted at filing or within 03 months from the filing date). In case the VNIPO request to submit the Vietnamese version of priority document(s), the sworn English translation(s) thereof is/are required (if the priority document(s) is/are not in English).

Intenational Application (PCT)

Information

• Full name, address and nationality of the applicant(s);
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): application number, filing date and country of the original foreign application from which priority is claimed;
• International filing and publication numbers.

Documents

• Executed Power of Attorney from the Applicant(s) to Tri Viet & Associates (the original hard copy of this document is required; it can be submitted at filing or within 34 months from the earliest priority date); 
• Executed Deed of Assignment where the Applicant(s) entering the Vietnam National Phase is different from the Applicant(s) having filed the International Application (the original hard copy of this document is required; it can be submitted at filing or within 34 months from the earliest priority date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is an individual, or by an authorized representative of the Applicant if the Applicant is a legal entity and affixed by the seal of such entity (if any). Notarization and/or legalization are not required.

• If the Applicant requests entry into the Vietnam National Phase before the International Publication date, a copy of the International Application as filed (required at filing); 
• English specification (including description, claims, drawings (if any)), abstract, any amendment or change (if any), all in WORD format (required at least 15 days prior to the filing date for translation into Vietnamese).

For Validity Maintenance of Patent for Invention/Utility Solution

• Data related to the Patent including patent number, patent owner, regular filing date, granting date, priority date;
• Effective year for which the annuity should be paid.
• Executed Power of Attorney from the Owner to Tri Viet & Associates (the original hard copy of this document is required; it can be submitted at filing or within 01 month from the filing date). Notarization and/or Legalization are not required.

• PCT database of World Intellectual Property Organazation (WIPO)
• Patent database of European Patent Office (EPO)
• Patent database of US Patent & Trademark Office (USPTO)
• Patent database of China National Intellectual Property Administration (CNIPA)
• Patent database of UK Intellectual Property Office (UKIPO)
• Patent database of Japan Patent Office (JPO)
• Patent database of Korean Intellectual Property Office (KIPO)
• Patent database of Russian Patent & Trademark Office (RPTO)
• Patent database of Intellectual Property Office of Vietnam (VNIPO)
• Patent databases of Other Countries
• Patent databases from FreePatentsOnline
• Patent databases from Google