Patents refer to products or technological processes that are created by humans and must meet the conditions for protection such as novelty, inventiveness, and industrial application.
Patent
How we can help:
- Patent lookup (or patent search): Prior to filing an application, PLF will help Clients to search the national patent database and other international databases to verify whether an industrial design has already been registered or applied for;
- Patent registration: PLF will draft and submit applications for patent registration in Vietnam, international registration via WIPO, USPTO, etc., or direct submission in selected countries;
- Extend registration: PLF will help Clients to maintain the patent and keep the certificates valid. We will assist you in filinf application to extend the period of protection before the expiration date;
- Patent management: PLF will advise you on the effective and systematic identification and management of intellectual property rights for patents;
- Patent assignment: PLF will provide advice on strategies and approach plans and implement the related procedures for transferring patent ownership or changing the name stated on the certificates;
- Patent enforcement: PLF will draft cease and desist (or demand) letter or email requesting the offending parties to cease their infringement. In cases where the Clients are the receiving parties, we will assist them in verifying and analyzing the arguments as well as drafting the response letter. Patent enforcement also includes drafting letters to be sent to state agencies in charge of patent management;
- Dispute resolution: PLF will represent our Clients in the process of mediation, negotiation, and dispute resolution before courts or arbitration centers.
How to proceed:
- Organize direct meetings with our team to clarify our Client’s your requirements, targets, and concerns in Vietnam;
- Advise and propose an action plan to establish and register a patent aligned with the company business plan. We carry out domestic, international registration through WIPO, USPTO, etc., or work on behalf of clients with overseas representatives, organizations, and law offices;
- Provide key elements and offer options and ways to manage patents in the best interests of Clients;
- Evaluate the context and evidence to propose optimal and practical solutions to resolve disputes between parties, therefore contributing to the highest protection of the Client’s interests and limit losses from litigation;
- Describe the patent to highlight what makes the target patent unique and different from other applied patents;
- Liaise with the competent authorities during the registration process;
- Provide list of documents and legal forms translated from Vietnamese to English to prepare complete applications;
- Provide a CRM account so our Clients can monitor the legal services and procedures;
- Deliver protection certificates and provide instructions after obtaining the certificates.
Bui Cong Thanh
Managing Partner
Nguyen Thi Phong Lan
Senior Associate
La Thi My Huong
Associate
Le Thi Tuyet Mai
Junior Associate
Le Tan Canh
Paralegal
Nguyen Ngoc Tri
Paralegal
Doan Thi My Trinh
Senior Accountant
Phan Thi Chuc Y
Accountant
Banh Anh Nguyen
Admin - HR
Hua Thi Minh Thu
Communications Administrator
Ho Nhat Dan Ngan
Communications Administrator
Most Frequent Questions & Answers
Finding expert guidance in our FAQs section, which address common concerns and provide insights into corporate legal, accounting, and secretarial matters.
Registering a 100% foreign-owned company in Vietnam is possible. However, foreign investment is subject to regulatory limitations applied on each specific business sector.
In most cases, investors shall implement the following steps to establish a company:
Step 1: Obtaining an Investment Registration Certificate, abbreviated IRC (if any non-Vietnamese investors).
Step 2: Obtaining an Enterprise Registration Certificate, abbreviated ERC or BRC for Business Registration Certificate.
The company is established but the following steps are required for regulatory compliance:
Step 3: Post establishment procedures.
Step 4: Obtaining sub-licenses (if any).
IRC stands for Investment Registration Certificate which shall be obtained (in most cases) when a foreign investor wants to set up a project (such as establishing a company) in Vietnam at the beginning.
ERC stands for the Enterprise Registration Certificate which every company in Vietnam must have. In other jurisdiction it is sometimes referred to as the “Incorporation Certificate” or “Company Certificate”.
Joint Stock Company (“JSC“) and Limited Liability Company (“LLC“) are the most common types of company in Vietnam since they offer the following advantages:
- Limitation in liabilities of their shareholders/ members/ proportionate to their capital contribution;
- Flexible management structure;
- Conversion from JSC to LLC and conversely is possible.
In general, there is no minimum capital required by law when registering a company in Vietnam. Only some conditional business sectors such as real estate trading, banking or education have specific capital requirements.
However, the capital shall be sufficient in light of the intended business sectors and scale of operation.
For non-conditional business sectors, we usually need from 6 to 8 weeks to setup a foreign-invested company and 1 week for a Vietnamese-invested one.
However, especially for foreign-owned companies, the time can be extended due to various reasons such as additional requirements from the licensing authorities.
Contact Our Legal Team for Expert Guidance & Support
We welcome inquiries, consultation requests, and any legal concerns you may have. Please do not hesitate to contact us for reliable guidance and exceptional service.