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Comprehensive Guide to Patent Filing in Vietnam

Filing for a patent is a critical step in safeguarding your invention’s intellectual property rights. In Vietnam, this process is regulated by the Intellectual Property Office (IP Vietnam). Whether you are an individual inventor or a business, understanding the intricacies of patent filing in Vietnam can help you protect your innovation and leverage it for commercial success.

Why Patent Filing is Essential

• Intellectual Property Protection: Secure exclusive rights to use, manufacture, and market your invention.
• Commercial Advantages: Enhance your invention’s market value and potential for licensing or sale.
• Competitive Edge: Protect your unique products or processes, giving you a significant advantage in the market.
• Legal Assurance: A patent certificate serves as a critical legal document in disputes over intellectual property rights.

Step-by-Step Process of Patent Filing in Vietnam

Step 1: Preliminary Patent Search

Before filing your patent application, conduct a thorough patent search to ensure that your invention is novel and does not infringe on existing patents. Utilize the IP Vietnam database or professional patent search services.

Step 2: Prepare Your Patent Application Dossier

Your application should include the following documents:

• Patent Application Form: Details of the applicant, the inventor, and a brief summary of the invention.
• Invention Description: A detailed explanation of the invention, including its implementation and the innovative aspects.
• Technical Drawings: Illustrations that clearly depict the invention’s structure or process, if applicable.
• Claims: Specific elements of the invention for which you seek patent protection.

Step 3: Submit Your Patent Application

Submit your completed application to the Intellectual Property Office of Vietnam via an IP agent. Ensure all required fees are paid at this stage.

Step 4: Examination Process

Once submitted, your application undergoes an examination process:

• Formal Examination: Verification of the application’s completeness and adherence to submission requirements.
• Substantive Examination: Evaluation of the invention’s novelty, inventive step, and industrial applicability. This phase can take 3 to 4 years.

Step 5: Patent Grant

If your application meets all requirements, the Intellectual Property Office will grant a patent certificate, valid for 20 years from the filing date. This certificate is crucial for asserting your intellectual property rights.

Costs Involved in Patent Filing

Understanding the costs associated with patent filing is essential for budgeting:

• Application Fee: Paid when submitting the patent application.
• Examination Fee: Paid during the substantive examination phase.
• Grant Fee: Paid upon successful grant of the patent.

According to Circular 263/TT-BTC issued by Vietnam government, official fees are estimated as follows:

* Remarks:

- Request for examination can be filed within 42 months from the priority date/international filing date.

- Agency fee and translation fee will be estimated if requested.

Remarks for a Successful Patent Application

• Detailed Documentation: Ensure all parts of your invention are clearly described and illustrated.
• Professional Assistance: a experienced patent attorney can assist you to navigate the complexities of the patent filing process.
• Timely Filing: File your patent application promptly to prevent potential infringements and safeguard your invention.

Conclusion

Filing a patent in Vietnam is a strategic move to protect and commercialize your invention. By following the outlined steps and understanding the associated costs and benefits, you can ensure a smooth patent filing process. For detailed assistance and further queries, contact HAIHAN-IP for your further enquires.

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For more information about Patent Filing in Vietnam/contents_vnhedf/uploads/images/hoai_le_tan.jpg, please do not hesitate to contact us at

HAIHAN IP LAW FIRM

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

Tel:             844-3202 8111 / 844-3202 8222

Fax:            844-3202 8333

Hotline:      84-983 788 469

Email:         hh@haihan.vn

HAIHAN-IP is a registered IP Firm recorded by Intellectual Property Office of Vietnam (IP Vietnam).

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