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  • 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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    PATENT SEARCH

    PATENT SEARCH IN VIETNAM

    Each IP firm can use their own database and IP Lib to conduct patent search. The skills of IP searchers are very important to receive correct search results.

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    PCT Patent in Vietnam

    PCT NATIONAL PHASE IN VIETNAM

    The time limit for entry of a PCT application into Vietnam national phase under both Chapter I and Chapter II is 31 months (not 30 months).

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     patent acceleration in vietnam

    PATENT ACCELERATION IN VIETNAM

    To accelerate, it is suggested to conform the VN application to a granted patent of a corresponding application filed in foreign countries, especially filed in Japan, US or Europe.

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     annuity payment in Vietnam

    PATENT ANNUITIES IN VIETNAM

    Patent owners are requested to pay annuities for granted patents within 06 months before the annuity due date.

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    For any enquires, please do not hesitate to contact us athoai le tan

    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.