Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

 

Register patent in Vietnam

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

 Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you to register patent in Vietnam on an invention or a utility.

1. Our services in Patent for invention and Utility model

Our services in Patent field include:

-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;

-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;

-Maintenance;

-Amendment;

-License;

-Assignment;

-Opposition against proceedings;

-Appeal;

-Cancellation;

-Invalidation;

2. How to file a patent in Vietnam

Inventors or Organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.

An invention shall be protected in Vietnam when it satisfies the following conditions:

-Novelty;

-Inventive step;

-Industrial applicability;

3. Required information and documents

For the purpose of filling the patent application in Vietnam, the following documents will be required:

-Full name and address of applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

4. Patent Examination Procedure

The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

-Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from publication date of 19 months from priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay fee.

-Issuing the Patent of Invention.

5. Patent Term and Maintenance

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

If you are looking for experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Source ANTLawyers: https://antlawyers.vn/library/patent-registration-procedures-in-vietnam.html

Read More

What are the steps to get a patent?

The best way to file a patent application is to be well prepared for your meeting with a patent attorney or agent who will prepare and file the patent application. Here are the steps that a savvy inventor takes prior to meeting with their patent attorney or agent:

 

 Register patent in Vietnam

1.Pull together a list of names, residence addresses and citizenships for everyone who contributed to the technology being protected. If you are incorporated, or other business entity filing your first application, gather the legal company name, state of incorporation and official address.

2.Pull together a list of any disclosures of the invention made to others. These can include offers to sell, license or commercialize the invention, papers that you and/or your colleagues published, web site or social media postings, and so forth. This will enable your patent attorney or agent to determine a date by which he/she must file your patent application.

3.Prepare a description of your invention, including a breakdown of the device or code module into functional pieces. Describe each piece and how it relates to the whole. This will enable your patent attorney or agent to prepare a specification portion of your patent application. The legal standard provided under the US patent law is that the specification must be complete enough to enable a person skilled in the relevant art, but not familiar with your invention, to build a working unit. So, the more detail you include, the better the final product will be and the quicker the turn around time by your patent attorney or agent, saving them time and you money.

4.Supplement the description above with figures. Flow charts, block diagrams, system diagrams, data flow diagrams, and so forth are all welcome. Hand drawn will work, but drawing files made using a CAD program, Microsoft Visio, Corel Draw or other drawing program usually can be used by the attorney or agent, saving them time of re-drawing the figures with one of these programs, which will save you money.

5.Make a list of at least three features or elements that your invention has or is able to do that are not provided by any known competitors. Also, include an advantage for each feature or element. This will enable your patent attorney or agent to prepare a claim set for your patent application. Good claims include enough detail about features and elements not found elsewhere to pass examination at the patent office.

6.You don’t need to search competitors’ systems, but to the extent you know of them, make a list of these as well. If there are published papers, articles, etc. in the technology area that describe approaches taken prior to your invention, bring these as well. This will enable your patent attorney or agent to prepare an Information Disclosure Statement for your patent application, which will satisfy his and your duty to disclose any known information relevant to patentability to the patent office.

What did you leanr from applying for a patent?

Now you are ready to meet with your patent attorney or agent. Bring items 1 - 6 above with you to the meeting. Schedule at least an hour and perhaps as much as two to go over the details with the patent attorney or agent. At the end of the meeting you and the patent attorney or agent should be able to arrive at an agreed protection strategy, a prototype claim, an estimated budget for the project and an anticipated date for completion.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Read More

When should a startup file for a patent?

Each jurisdiction is different in terms of its “first to disclose”, “first to file” and “first to invent” rules. First to file and first to invent - Wikipedia

You should file a provisional patent application as soon as possible (to establish your patent’s priority date) if you are filing your patent application in the US because USPTO follows a “first inventor to file” rule. First Inventor to File (FITF) Resources

Vietnam Patent 

I’ll recommend the following course of action to help you file a provisional patent application as quickly as possible:

a) Conduct a through prior art search as soon as possible to make sure that your idea is novel, non-obvious to others in your field, and has utility in real life.

b) Draft your first independent claim. Draft any additional independent claims if you’ve more than one. Don’t waste your time on drafting any dependent claims at this stage.

c) Focus on writing as many possible embodiments you can think of for implementing not only your independent claim(s) that you have drafted but also for all possible dependent claims (that you’ve not drafted). Refer to 2164-The Enablement Requirement to guide you in writing your embodiments.

d) While drafting your embodiments, draw as many diagrams as possible to show your invention and its implementation. Follow Patent Drawing Rules: Everything You Need to Know. No need to use any fancy tools for doing your diagrams. Make your drawings by hand for now to save some time.

e) Provide a brief definition of any special terms that you are using in your patent claims and embodiments.

f) Draft a paragraph to serve as abstract. No need to write any paragraphs covering background of the invention or summary of the invention. Providing a list of prior art is also not needed at this stage.

You are now ready to file a provisional patent application. File it without any delay to establish a priority date. You’ll have a full year to file your non-provisional patent after this date. During this one year time, also called a “pendency period”, patent process is pending till you file your non-provisional patent application.

Read More

What did you learn from applying for a patent?

1.You really need a patent lawyer.

 

2.The language of patents is really weird and really specific. My most recent patent application was just returned by the examiner for corrections because in my claims, I talked about a device equipped with sensors, wherein each sensor feeds information to a programmable processor. The examiner told me the claims had to make reference to a device equipped with sensors, wherein each said sensor feeds information to a programmable processor. That’s how finicky and persnickety they are about language.

 

 

Patent Consultant in Vietnam

3.It’s very expensive.

4.No matter how thoroughly you search, the patent examiner will come up with prior claims or prior art he thinks might invalidate your claims. This prior art may or may not have any relevance; it’s a complete crapshoot.

5.You really need a patent lawyer.

6.Patent lawyers charge fees that make open-heart surgery look affordable.

7.Working on a patent really makes you think clearly and meticulously about what you’re doing. You need to be able to communicate your ideas with a degree of precision you may not be accustomed to, both to your lawyer and to the patent examiner. You can’t make assumptions. You can’t leave details out. If you can’t describe your invention with that level of clarity and precision, you might not be ready to patent it yet.

8.Think global, write local. Describe your invention in detail…but make your claims general enough that your patent can’t be worked around just by changing the implementation details.

9.You really need a patent lawyer.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Read More

Attention in Drafting Registration Application for Invention

How to Protect Invention Patent in Vietnam?

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.

However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:

Name of the invention: name of inventions and name of inventor should be brief without promotion.

Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.

Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.

Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.

The description of constitutive signs of invention: The description shall declare new signs of the invention.

Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.

With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers could support inventor in advising and drafting dossier to request patent protection in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Read More