Patent Opposition and Appeal

According to Vietnam IP Law and Regulations, both opposition and appeal proceedings are available. At any time during the period from the date of publication to the issuance of a patent, any third party can file a written opposition with The IP Vietnam to oppose against the grant or refusal to grant a patent. Post-grant opposition is possible in the form of invalidation of a patent. Applicant or any third party having rights and/or interests relating to The IP Vietnam’s decision with respects to the prosecution of a pending patent application may appeal in an appropriate manner.

1. Opposition

According to Vietnam IP Law, both pre-grant opposition and post-grant opposition are possible. At any time during the period from the date of publication to the issuance of a patent, any third party can file a written opposition with The IP Vietnam to oppose against the grant or refusal to grant a patent. Post-grant opposition is available in the form of invalidation of a patent.

Pre-grant opposition can be filed on one of the following grounds:

- The invention claimed in the pending patent application does not meet patentability criteria;

- The applicant(s) are not one who is entitled to file the patent application; and

- The absence of an agreement to file one application only between persons who are entitled to file such patent application in case that there are more than one person entitled to do so.

Invalidation can be initiated on one of the following grounds:

- The patented invention did not meet patentability criteria upon issuance;

- The applicant(s) are not one who have been entitled to file the patent application that was granted the patent;

- The absence of an agreement to file one application only between persons who have been entitled to file such patent application in case that there are more than one person entitled to do so.

2. Appeal

Applicant(s) or any third party having rights and/or interests in relation to The IP Vietnam’s decision or notification with respects to the prosecution of a pending patent application may appeal The IP Vietnam’s decision or notification either to the Ministry of Science and Technology or initiate a lawsuit to the court in accordance with the Intellectual Property Law and relevant laws. The appellant must file a first instance appeal to The IP Vietnam as the authority directly issuing the decision/notification. In case that the appellant does not agree with the administrative decision of The IP Vietnam on the first instance appeal, the appellant may choose to further appeal against the first instance appeal’s decision by filing a further appeal (second instance appeal) against the first instance appeal’s decision to the Ministry of Science & Technology (MOST), or bringing a lawsuit to the administrative courts to appeal against the first instance appeal’s decision in accordance with the civil proceedings.

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For any enquires, 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 (Agent code of 174) licensed by The Intellectual Property Office of Vietnam (The IP Vietnam) since 2013.