PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

The request for substantive examination must be submitted to the NOIP within 42 months from the earliest priority date. Late filing within six months computed from the expiration of the 42 month period is available subject to the payment of late submission fees. For utility solution, the corresponding time limit is 36 months.

FREQUENTLY ASKED QUESTIONS on PATENTS

Abbreviations

NOIP – the National Office of Intellectual Property of Vietnam, also called Vietnam Patent Office

What can be patented?

Patents for Invention cover:

·            Methods (processes);

·            Product

Design Patents cover the exterior shape of a product represented in three dimensional forms, lines, colors or any combination thereof.

What cannot be patented?

The following subject matters shall be exempted from protection under Vietnam patent law:

·            discoveries, scientific theories, mathematical methods;

·            schemes, plans, rules and methods for performing mental acts, training domestic animals,  playing games, doing business; computer programs;

·            presentations of information;

·            aesthetic solutions;

·            plant varieties, animal varieties;

·            essentially biological processes for the production of plants and animals except  microbiological processes; and

·            preventive, diagnostic and therapeutic method for treatment on the human/animal body.  

The following designs shall be excluded from protection under Vietnam design law:

§            exterior shape of a product dictated merely by technical features thereof;

§            exterior shape of a civil or an industrial construction work;

§            exterior shape of a product that is invisible during the use of the product.

Also, industrial designs shall not be patented if they are contrary to social morality, public order, or detrimental to national defense and security.

Do I have to submit a Vietnamese translation of the patent specification to Vietnam Patent Office? 

Yes, the filing documents submitted to Vietnam Patent Office must be made in Vietnamese or translated into Vietnamese, with some specific exemptions.

Can I file the specification with Vietnamese Patent Office in the original language first in order to secure an early effective filing date? 

No. The specification submitted to Vietnam Patent Office must be made in Vietnamese. Just in some exceptional cases, you may file the specification in English first and furnish the Vietnamese translation afterwards.

Do I have to submit a Vietnamese translation of the priority documents to Vietnam Patent Office? 

Yes, you have to submit the Vietnamese translation of the certification to the priority application from the Receiving Office to the NOIP. However, the Vietnamese translation of the priority applications themselves need to submit to the NOIP only upon the NOIP’s request.

Can I have my Vietnamese patent application published prior to the expiration of 18 months?

Yes. You may request an early publication.

Is Vietnamese patent applications for invention automatically examined on their merits by the examiner after publication?

No. A Request for Substantive Examination needs to submit to Vietnam Patent Office by either applicant or any third party. 

What is the deadline for filing a Request for Substantive Examination?

The request for substantive examination must be submitted to the NOIP within 42 months from the earliest priority date. Late filing within six months computed from the expiration of the 42 month period is available upon payment of late submission fees. For utility solution, the corresponding time limit is 36 months.

What would happen in case that I fails to submit a Request for Substantive Examination on time?

Failure to submit the request within the prescribed time limits shall result in the application to be deemed as having been withdrawn.

Is Vietnamese design applications automatically examined on their merits by the examiner after publication?

Yes. 

How long is a Vietnamese patent in effect?

Vietnamese Patents for Inventions are valid for a period commencing on the date on which the patent is issued by the Vietnam Patent Office, and ending 20 years after the filing date.

Vietnamese Patents for Utility Solutions are valid for a period commencing on the date on which the patent is issued by the Vietnam Patent Office, and ending 10 years after the filing date.

In order to maintain their validity, the patent owners shall pay annuities. If the annuities are not paid in prescribed time the patent shall be immaturely terminated.

Design Patents are valid for a period of 5 years from the filing date. No annuities are necessary in order to keep design patents alive.

Can a Vietnamese patent be renewed? 

A Vietnamese patent for invention cannot be renewed. As soon as a patent expires, the invention falls into the public domain. 

A design patent can be renewed twice, each time for five years.

Can I have my Vietnamese patent's term extended?

No. For all kinds of patent, extension of term is not possible. 

FREQUENTLY ASKED QUESTIONS on TRADEMARKS

Can a three-dimensional mark be registered in Vietnam? 

Yes. 

Is a Power of Attorney required when filing a trademark application with the NOIP? 

Yes. But neither notarization nor legalization is necessary. 

Can a trademark registration be renewed? 

Yes. The term of the registration is renewable for an unlimited number of renewals, each time for ten-years.

Is it possible to transfer a pending trademark application?

Yes. The assignment requires some specific documents. 

Is it possible to register an odor mark in Vietnam?

No. 

Is a trademark application published prior to the issuance? 

Yes. A trademark application shall be published within two months from the date of acceptance in the IP gazette. 

Is Vietnamese trademark applications automatically examined on their merits by the NOIP’s examiner after publication? 

Yes. 

What edition of the International Classification of Goods/Services Vietnam has adopted? 

Vietnam has adopted the International Classification of Goods/Services under Nice Agreement of the 9^th Edition. 

(Updated on October 4, 2007)

The material in this FAQs does not constitute legal advices and should not be relied upon as such and is not a substitute for advice of legal counsel. The information quoted herein is subject to change according to the laws of Vietnam. In case you need a legal advice or expertise, kindly contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .