Patent Registration
What is a patent?
A patent means an exclusive IP right granted for an invention, being a product or a process providing a new way of doing something or a new technical solution to a problem.
Legal services:
- Confirm the feasibility of the patent registration;
- Advise on the requirements of the patent images or photos;
- Describe the patent to highlight what makes it unique;
- Register the patent in Vietnam and/or internationally;
- Advise on the transfer of the registered patent and draft all related documents (e.g. contract for the transfer of IP rights);
- Adjust the owner’s information on the protection titles or applications;
- Extend the validity of the patent protection titles;
- Represent clients to protest, complaint or cancel the validation of protection titles;
- Work with related agencies to request organizations or individuals to stop any IP rights infringement.
How to proceed?
- Contact us via phone, email or create a CRM account to define the required services with our lawyers.
- Whenever possible we will meet in person to define your legal strategy in depth.
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us in Vietnamese and English languages.
- Our legal services will notably include our advisory on the feasibility of the patent registration, on the images or photos, on the description of the patent; and on how to identify the groups of products/services to be registered and best protect your IP rights.
- During the registration process, we will assist you to liaise with the authorities and reply to their inquiries and refusal (if any).
- At any time, you can access the CRM system to manage and keep a track of your legal services.
The steps and procedures to register a trademark are as follows:
- Step 1: Submit the declaration dossier for registering the trademark at the “National Office of Intellectual Property” (“NOIP”).
- Step 2: Evaluation of the formality of the application.
- Step 3: Official announcement of the formality evaluation result.
- Step 4: Evaluation of the contents or substance of the application.
- Step 5: The NOIP issues the notice of intent to grant a trademark protection certificate and requests payment of the licensing fee (if have fulfilled the regulatory requirements).
- Step 6: The submitter pays the fee and the NOIP issues the trademark protection certificate.
In practice, 12 to 18 months are required to complete all the steps.
The Vietnamese intellectual property system is divided in three areas:
- Copyright and related rights administered by the Copyright Office of Vietnam;
- Industrial property rights – administered by the National Office of Intellectual Property (“NOIP”);
- Rights to plant varieties – administered by the Plant Variety Protection Office.
IP rights registered in Vietnam can be enforced as follows:
- Administrative action: Most of the IP disputes are settled through this method, which is fast and straightforward. The authorities may apply sanctions including warnings, fines, seizure or destruction of the counterfeit goods.
- Civil Court action: This process is lengthier, but the Court of Vietnam are enforcing IP regulations and protecting IP rights holders.
The following objects shall not be protected in the name of invention:
- Inventions, scientific theories, mathematical methods;
- Diagrams, plans, rules and methods for performing mental activities, training pets, performing games, doing business;
- Computer programs;
- Method of expressing information;
- Solutions of aesthetic characteristics only; Plant varieties, animal breeds;
- The production process of plants and animals is mainly biological, not a microbiological process;
- Methods of prevention, diagnosis and treatment of humans and animals.
The invention is protected in the form of invention patent if the following conditions are met:
Being new;
Showing a level of creativity;
Applicable in industry;
Not covered by objects that are not protected as patent.
The author who creates the invention with the effort and expense of himself; organizations and individuals who invest funds and material facilities for the creation of inventions, or upon agreement of the parties, but not contrary to law, shall be entitled to register inventions.
The invention shall be protected for 20 years from the date of application submission.
The time to review the patent application from the time of submission to the time of granting the patent protection is 31 months.
However, in practice the time for patent application may take up to 48 months depending on the case.
