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In Vietnam, there are distinguishes between patents and utility solution patent.

Vietnam’s IP Law defines an invention as “a technical solution in the form of a product or a process which is intended to solve a problem by application of the laws of nature”.

To be eligible for patent protection, an invention must be new, involve an inventive step and be capable of industrial application. Rules for utility solution patents are similar to those for invention patents, but the item is not required to demonstrate an “inventive step”.

The term of patent for an invention is 20 years from the filing date, while a utility solution patent lasts for 10 years from the filing date.

Vietnam is a member of both the Paris Convention and the Patent Co-Operation Treaty (PCT). If you want to file a patent application for registration in Vietnam, the major prosecution events should be noted:

  • Paris Convention entry:
12 months
  • National phase entry
32 months
  • Formality Examination:
01 months from local filing date
  • Substantive Examination
42 months
  • Term of examination:
12 months
  • Payment of grant fee:
At the end of examination
  • Renewals (after grant):
every year

The registration process for inventions normally takes approximately three to six years from the date of filing.
IP-MARK ASIA can help you with the protection of a new invention. From the initial work with the application over the filing with the National Office of Intellectual Property of Vietnam to the national phase filing of a PCT patent world-wide.

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