Summary VIETNAM PATENT Patentable Subject Matter:
A patent has to satisfy the following criteria to claim protection
- Novelty
- Inventive Step
- Industrial Applicability
Membership:
Vietnam is a member of the Patent Cooperation treaty. The application for priority has to be made within twelve months of priority date.
Eligibility:
Applicants not residing or carrying on business in Vietnam have to nominate a Vietnamese Patent agent to act on their behalf.
ProcedureVIETNAM PATENT APPLICATION
1.Searching
This is the first step before an application is made to file a patent. Although a prior search is optional it helps in determining the existence of filed patents. 2.Application
Every applicant is required to submit an application containing the following information.
1. Specification
2. Notarized Deed of Assignment
3. Notarized Power of Attorney
4. Certified document for claiming priority right 3.Examination
A Formal examination is conducted within one month of the date of issuance of the filing date. Responses for amendment for an application are made within 2 months from the date of request. 4.Publication
Publications for national applications are made within 19 months of the priority date and 2 months of the acceptance date in case of PCT applications. 5.Substantive Examination
A request for substantive examination has to be made within 42 months of the priority date. The duration of the substantive examination lasts for 12 months from the date of filing the request. 6.Grant of Patent
The duration of registration takes a minimum period of 21 months. The registration is effective from date of application. 7.Protection
A patent once registered is valid for a term of 20 years from the date of legitimate filing. ChargesPatent Application In VIETNAM | Items | Official Fees (USD) | Professional Fees (USD) | 1. Filing an Application with one independent claim
- Each further independent claim USD 79
- Each page in excess of 5 pages USD 3
| 11
| 376
| 2. Convention Priority
- Each further independent claim USD 22
| 35
| 49
| 3. Request for Search
- Each additional claim USD 22
| 7
| 115
| 4. Publication of application
- Each further figure, from the second one USD9
| 7
| 115
| 5. Request for Examination
- Each additional claim USD 45
| 24
| 264
| 6. Acceptance
- Each additional figure USD 9
| 7
| 115
| 7. Grant Fee
- Each additional claim USD 12
| 7
| 80
| TOTAL
| 98 | 1,114
|
Translation of patent specification from English to Vietnamese per 100 words - USD13 Documents Required For Filing A Patent ApplicationBasic Requirements | Documents | Legalization/ Notarization | Time of Filing | 1. Power of Attorney
| Notarization Required
| Within 1 month from filing date | | 2. Deed of Assignment | Notarization Required
| Within 1 month from filing date | | 3. Priority Document (if claiming priority) | | Within 1 month from filing date |
Maintenance Fees Of Patent| Items | Official Fees (USD) | Professional Fees (USD) | 1st to 2nd year (each year)
- Addition fee per claim (excess 10) | 18
18
| 163
24
| 3rd to 4th year (each year)
- Addition fee per claim (excess 10) | 28
28
| 163
28
| 5th to 6th year
- Addition fee per claim (excess 10) | 45
45
| 174
40
| 7th to 8th year (each year)
- Addition fee per claim (excess 10)
| 69
69
| 174
47
| 9th to 10th year (each year)
- Addition fee per claim (excess 10)
| 103
103
| 194
70
| 11th to 13th year (each year)
- Addition fee per claim (excess 10)
| 145
145 | 226
82
| 14th to 16th year (each year)
- Addition fee per claim (excess 10)
| 189
189
| 227
96
| 17th to 20th year (each year)
- Addition fee per claim (excess 10)
| 241
241
| 226
111
|
|
