Patents of Invention

– IP Law 50/2005, effective from July 1, 2006.
– Amendment to IP Law 50/2005, effective from January 1, 2010.
– Amendment to IP Law 50/2005, effective from January 14, 2019.
– Amendment to IP Law 50/2005, effective from January 1, 2023.
– Decree 103/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Establishment of Industrial Property Rights.
– Decree 105/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection of Industrial Property Rights and Governmental Management of Industrial Property.
– Decree 106/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Administrative Penalty for Violation of Industrial Property Rights.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 8, 1949.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 2, 1976.
– Patent Cooperation Treaty (PCT), since March 10, 1993.
– WTO’s TRIPS Agreement, since January 11, 2007.
– Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), since November 12, 2018 (effective in Vietnam as of January 14, 2019).
– European-Vietnam Free Trade Agreement (EVFTA), since June 30, 2019 (effective in Vietnam as of August 1, 2020).
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since June 1, 2021.

Filing

Applicant(s): the inventor(s) or his successor in title.

Protection for foreigners: they enjoy the same rights and the same schedule of official fees as nationals on the basis of reciprocity and in accordance with international treaties. They must appoint a resident agent.

Naming of the inventor(s): compulsory.

Patentability conditions: any technical solution which is new, involves an inventive step and is applicable in industries.

Novelty: worldwide novelty is required.

Novelty grace period: twelve months.

Types of patents: patents of invention and “utility solutions”.

Exceptions to patent protection: patents of addition, inventions relating to national defense, animal varieties (inventor’s certificates may be granted for these exceptions to patent applications), method for treatment or prophylaxis of mammal (including swiss-type claims).

Process patents: may be granted for processes for the production of medicines, chemical substances and foodstuffs.

Plant varieties: patentable.

Priority: according to Paris Convention: twelve months or PCT: thirty-one months.

Classification: international.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
2. Assignment of inventor’s right, only signature, no notarization required (not required for PCT applications);
3. Specification in English, French, German or Russian for translation into Vietnamese: 1 copy; Vietnamese text: 1 copy;
4. Formal drawings, 1 copy;
5. Assignment of priority right, if any, notarized (not required for PCT applications);
6. Priority document, attested by the authority for the prior application (not required for PCT applications).

PCT applications: starting from May 28, 2004, all PCT applications will no longer enjoy the grace period of three months for late submitting of specification. Vietnamese version of the specification (translation from other languages) shall be submitted at the same date as the date of entering the national phase. Time limit for entering the national phase in Vietnam: 31 months from priority date under both Chapter I and Chapter II.

Requirements for PCT applications: power of attorney and specification in Vietnamese.

Minimum requirements: photocopy of power of attorney and specification in Vietnamese.

Term for filing the missing documents: three months from the filing date.

Electronic filing: available, 10% fee reduction.

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

For a change of name or address:
1. Certified copy of certificate of change of name/address issued by the Company Registrar or Chamber of Commerce or similar governmental body, indicating the old and new name/address. If not in English, translation into English with notarization;
2. Power of attorney, only signature and seal, no notarization required;
3. Original patent certificate.

Examination

Formal examination: is carried out within one month.

Publication: during the second month following the formal examination.

Examination as to substance: a deferred technical examination is carried out on request of the applicant within forty-two months starting from the priority date after payment of a fee. 

Accelerated examination as to substance: any time after application passes the formal examination.

Amendment: three months after the notification on deficiency.

Voluntary amendment: any time before the decision of granting.

Third party observations: can be submitted any time following the publication of the patent application and before the date of issuance of a decision to grant.

Opposition: any third party may file an opposition within nine months from the publication of the patent application and before the date of issuance of a decision to grant.

Divisions: are possible during the examination period.

Secrecy: the Patent Office and the attorney are responsible.

Prior user dispute: warning upon filing and action after patent granted.

Appeals: appeals against decisions by the National Office of Industrial Property are possible.

Protection

Publication: during the second month following the notification as to form.

Beginning of protection: from the granting date. The validity of a patent shall be effective on the date of its grant and remain for twenty years from the filing date of the application.

Extent of protection: the scope of legal protection is determined by the claims. The description is used solely for explanation of the claims.

Delivery of document: the patent certificate is issued in paper format.

Duration: twenty years from the filing date.

Supplementary protection for pharmaceuticals or plant protection products: none.

Annuities: are payable at the date of grant (annuities are not required for pending applications); subsequent annuities are due within the six-month period prior to the anniversary of the grant date.

Annuity grace period: six months from the due date with fine. 

Amendment of issued patent: available.

Working: compulsory with a grace period of five years.

Modification of Protection after Grant

Right of the owner: the owner of a patent is entitled to utilize exclusively the invention (manufacturing, utilizing, importing, advertising and putting into circulation).

Prior user: has the right to continue the use of the invention, but not to expand the volume and scope of utilization.

Assignment and license agreements: have to be registered.

Opposition to granted patents: anyone may file an opposition before the Patent Office during the term of validity of a patent.

Cancellation – nullification: possible if annuity fees are not paid.

Compulsory license: possible if particularly important inventions are not utilized or on ground of national interest deemed by a ministerial authority. A royalty (compensation) according to the decision of the Ministry for Science and Technology will be paid that shall not be lower than the lowest royalty charged to similar assignee.

Transformation of a patent into a utility solution: possible.

Infringements: are punished according to the law based on an appeal claiming violation of the right of the owner of the invention.

Penalties: Administrative Court: max. 500,000,000 VND (U.S.$ 25,000); Civil Court: redemption of loss and legal fees.