IP PROCEDURES

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  • Patent filing procedures

    1. Overview

    In order to obtain a patent right, the applicant has to file a patent application with the National Office of Intellectual Property of Vietnam (NOIP), and undergo formality examination and substantive examinations.

    According to Vietnam IP Law, the non-patentable subject matters are classified as follows:

    - Discoveries, scientific theories; mathematical methods;

    - Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;

    - Presentations of information;

    - Solutions of aesthetic characteristics only;

    - Plant varieties, animal varieties;

    - Processes of essentially biological nature for the production of plants and animals other than microbiological processes;

    - Disease prevention, diagnostic and treatment methods for human or animals.

    2. Priority

    Priority is claimed within 12 months under Paris Convention or within 31 months under PCT for patent applications filed with NOIP.

    A grace period of 6 months can be used for applicants who have their patents published in the following circumstances:

    - It was published by another person without permission of the person having the right to registration as provided for in Article 86 of Vietnam IP Law;

    - It was published in the form of a scientific presentation by the person having the right to registration as provided for in Article 86 of Vietnam IP Law;

    - It was exhibited at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to registration as provided for in Article 86 of Vietnam IP Law.

    3. Document requirements

    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. A fax copy is acceptable at the filing time provided that the original is submitted within one (01) month from the filing date;

    iv)   A certified copy of the earlier/basic application(s), if claiming priority. This document can be lodged within three (03) months from the filing date.