Utility Solutions (Petty Patents)

– 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.

Filing, Protection

Definition: a utility solution means a technical solution which is new on a global level and is applicable under the existing economic and technological conditions.

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 have to appoint a resident agent.

Applicant: the author or the organization or person to whom the right to file has been transferred.

Right of the owner: the owner of a patent for utility solution shall be entitled to possess the protected object and be entitled to utilize it exclusively and to transfer the ownership right or the right to utilization of the protected object to other organizations or persons.

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

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, only signature and seal, no notarization required;
2. Assignment, only signature, no notarization required;
3. Specification in English, French, German or Russian for translation into Vietnamese: 1 copy; Vietnamese text: 1 copy;
4. Formal drawings, 1 copy;
5. Priority document, if any.

Examination: a deferred technical examination is carried out on request of the applicant within thirty-six months starting from the filing date after payment of a fee.

Duration: ten years counted from the official filing date.

Extent of protection: determined by the claims. The specification can only be used for their explanation.

Appeals: may be filed at the National Office on Industrial Property. If a party is dissatisfied, it may introduce, within three months, legal proceedings in court.

Infringements: punished by a warning or administrative measures or shall be judged according to the provisions of the civil and criminal court.