Patent Annuities in Vietnam

Understanding Patent Annuities in Vietnam

Introduction to Patent Annuities in Vietnam

Patent annuities are recurring fees paid to maintain the validity of a granted patent. In Vietnam, managing patent annuities is crucial for inventors and businesses to ensure continuous protection of their intellectual property rights. This comprehensive guide will help you understand the importance, process, and best practices for managing patent annuities in Vietnam.

Why Patent Annuities are Important

• Continuous Protection: Ensures your patent remains valid and enforceable throughout its entire term.
• Legal Compliance: Prevents the lapse of your patent due to non-payment, safeguarding your intellectual property rights.
• Market Advantage: Maintains your competitive edge by keeping your innovation protected from unauthorized use.

Patent Annuity Payment Process in Vietnam

Step 1: Determine Annuity Due Dates

According to Vietnam Patent Law:

(1) Annuity payment is not applicable for pending patent applications.

(2) Validity of patents is counted from the filing date/priority date, and

(3) Annuity due date is counted from grant date of granted patents.

Patent annuities in Vietnam are due annually, starting from the first year after the patent is granted. It’s essential to keep track of these dates to avoid unintentional lapses in protection.

When to pay: To maintain validity of a patent, annuity fee should be paid within 06 months before the annuity due date.

Late payment: Annuities can be paid late within 06 months from the due date provided that patent owners pay a late fee of 10% of the total fees for each month late.

Step 2: Calculate Annuity Fees

The annuity fee is calculated based the number of independent claims and the number of years the patent has been in force. The fees generally increase progressively over the patent term.

Step 3: Prepare Payment Documents

To make an annuity payment, you need to prepare the following:

• A Power of Attorney (POA) which is simply signed by the patent owner. The original POA is required to submit to the IP Vietnam.
• Annuity Payment Form: A standard form provided by the Intellectual Property Office of Vietnam (IP Vietnam).
• Proof of Payment: Documented evidence of the annuity fee payment.

Step 4: Submit Payment to IP Vietnam

You can submit your annuity payment through authorized agents. Ensure all documentation is accurate and complete to avoid delays.

Step 5: Decision from IP Vietnam: After 4-6 months from the annuity payment, the Intellectual Property Office of Vietnam (IP Vietnam) will issue a Decision to record the validity.

Decision to record Annuity Payment issued by the IP Vietnam is attached herewith for reference:

Consequences of Non-Payment

Failing to pay patent annuities on time can lead to the lapse of your patent. This means losing exclusive rights to your invention, allowing others to use, produce, or sell your innovation without your permission. Reinstatement of a lapsed patent is possible but involves additional fees and complex procedures.

Best Practices for Managing Patent Annuities

• Set Reminders: Use digital tools or calendaring systems to set reminders for upcoming annuity due dates.
• Hire Professional Services: Consider engaging a patent attorney or annuity payment service provider to handle annuity payments and ensure compliance.
• Budget Planning: Allocate funds for annuity payments in your annual budget to avoid financial strain.
• Stay Informed: Keep abreast of any changes in IP regulations and fee structures by regularly consulting IP Vietnam’s official publications or website.

Conclusion: Managing patent annuities is a vital aspect of maintaining patent protection in Vietnam. By understanding the importance of timely payments, following the correct procedures, and adopting best practices, you can ensure your intellectual property remains protected and enforceable.

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For more information about patent annuities 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 (IP Vietnam) since 2013.