Filing a patent in Vietnam

FILING A PATENT IN VIETNAM

31 Month time limit - The deadline for entering the National Phase is 31 months from the earliest priority date. Upon the current patent law, there is no grace period for late entry.

Vietnamese translation - A Vietnamese translation of the application must be submitted at the time of filing. This also applies when filing amendments.

Substantive Examination deadline - The deadline for submitting a request for substantive examination for a patent is 42 months from the priority date. For Utility Model application in Vietnam, the request filing deadline is 36 months from the priority date.

First-to-file system - Vietnam has adopted the first-to-file system, which means that if two parties apply to file a patent for the same invention, it is the first party to file that will be granted the patent.

Documents requirements for a patent registration in Vietnam

For filing a patent application in Vietnam, following documents are required:

* With respect to PCT patent application:

(i) A Power of Attorney (POA) which is only simply to be signed by the Applicant, neither legalization nor notarization is required. The scanned copy of the POA can be filed at the filing but the original must be submitted within 34 months from the priority date.

(ii) PCT documents in English for translation into Vietnamese: Description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended, together with any statements under PCT Article (19).

* With respect to Non-PCT patent application:

i)  Full name, address, and nationality of the applicant(s) and inventor(s).

ii) One copy of description, claims, abstract and drawings (if any) of the invention in English for translation into Vietnamese.

iii) Power of Attorney, which just needs to be signed by the applicant(s), neither legalization nor notarization is required. The scanned copy of the POA can be filed at the filing but the original must be submitted within 34 months from the priority date.

iv) A certified copy of the earlier/basic application(s), if claiming priority.

Publication - The IP VIETNAM will publish the bibliographical data of an application in the Patent Office Gazette in the 19^th month from the priority date/filing date for convention application or within 2 months from the date of Decision on Formality Acceptance for PCT application.

Fees for a patent registration in Vietnam: When you file a patent application in Vietnam, the fees are divided into filing fee and translation fee. Filing fee is calculated based on the number of independent claims, the number of priorities and the number of pages of the specification and drawings while the translation fee is calculated based on the number of English words to be translated into Vietnamese.

Time frame for patent registration in Vietnam:

Under current practice in Vietnam, a patent application is subjected to the following stages:

(i) Formality examination: after 1-2 months from the filing date, if the application fulfils the requirements of formality, it will be accepted as formalities;

(ii) Publication: in the 19^th month from the priority date/filing date for convention application or within 2 months from the date of Decision on Formality Acceptance for PCT application, the application shall be published on Industrial Property Official Gazette;

(iii) Substantive examination: this stage usually takes 3 – 3.5 years from filing date. In this stage, the application shall be examined as to substance in order to evaluate eligibility for protection in respect of protection requirements. If the application is considered to meet the protection requirements, it will be granted a patent.

(iv) Granting registration certificate: 1-2 months from the date of payment of granting fees.

Total time: average time from filing until grant for a patent in Vietnam is from 3 to 4 years.

HAIHAN-IP in brief: 

HAIHAN-IP is one of the qualified law firms in Vietnam specializing in Intellectual Property, founded by the most experienced IP practitioners in Hanoi, Vietnam. HAIHAN-IP was licenesed by the IP Vietnam with agent code of 174 since 2013. HAIHAN-IP's attorneys have over 12 years of experience in patents and have processed more than 500 successful patent cases, including those cases with 1^st refusal due to the lack of novelty or inventive step.

Please refer more about related procedures for a patent registration in Vietnam at OVERAL PATENT PRACTICE IN VIETNAM.

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For more information about patent registration in Vietnam, please do not hesitate to contact us at

HAIHAN IP LAW FIRM

12A Floor, Center Building Hapulico Complex, No. 1 Nguyen Huy Tuong, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City, Vietnam.

Tel:             +84-24-3202 8111 / +84-24-3202 8222

Fax:            +84-24-3202 8333

Hotline:      +84-983 788 469

Email:         hh@haihan.vn

HAIHAN-IP is a registered IP Firm with agent code of 174 licensed by The Intellectual Property Office of Vietnam (the IP Vietnam) since 2013.