1. Criteria of patent’s protection
Patent in Vietnam can be protected if the following conditions are meet:
+ Novelty step
+ Inventive step
+ Industrial applicability
2. Which patents can be filed in Vietnam
Patent can be filed in Vietnam under the PCT and Paris conventions if the patent is entered in Vietnam within specific time, namely as hereafter
+ PCT Patent: 31 months from the first filing date
+ Paris conventions: 12 months counted from the first filing date.
3. Validity of patent in Vietnam
Patent in Vietnam is valid within 20 years if fee of patent annuity is paid.
4. Required documents to file patent in Vietnam
– POA (drafted by A&S LAW): Sign only. A copy via email is acceptable, the original one shall be submitted later.
– Specification. If Clients do not know how to write a patent’s specification, A&S LAW can help them to draft the patent’s specification
– Claims of patent
– Drawing (if any)
– Certified copy of priority document (if any)
– Name and Address of inventor and applicant.
5. Procedure of filing patent in Vietnam:
+ Formality examination of patent: 1-2 months counted from the filing date. However, the actual time may be longer due to the overload of work in National Office of Intellectual Property (NOIP)
+ Publication of patent: within 19 months counted from the first filing date or date of accepting its legitimate whatever comes later.
+ Substantive examination of patent: 12-16 months from the publishing date.
6. Why choose A&S LAW
– To save time and budget of clients, A&S LAW can provide translation of patent’s specification from various languages to Vietnamese: English, Japanese, Korean, Chinese, and Taiwanese.
– The law firm uses advanced technology to monitor patent’s portfolio from the filing to granting and after-granting as well.
– Flexible billing
– Specialized patent attorneys
With a view to helping clients to save time and budget, we established the division of patent management with the main role of advising and assisting them on monitoring their patent’s portfolios.This process is vital since fee of patent annuity […]
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Patent Litigation & Disputes in Vietnam of A&S LAW are committed to provide full litigation services to our clients relating to patent disputed. Our patent litigation and dispute division can handle the following issues • Confidential disclosure of patents • […]
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