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Patent- Vietnam

Summary

After the applicant files patent applications with National Office of Intellectual Property of Vietnam (NOIP), the filing number can be obtained within two weeks. NOIP adopts first to file principle, there are formality and substantive examinations for patent applications in Vietnam. When the applicant is different from applicant in foreign corresponding application, NOIP would request certificate of right to apply for patent.

Application Procedure

  1. Preparing specification and drawings: Drafting specification and translating specification into English version.
  2. Reviewing specification: Confirming the technical contents in English specification by clients. And patent attorney in Vietnam will further translate the specification into Vietnamese.
  3. Filing patent application with NOIP: The invention patent application will be published on 18 months from filing date, and request for substantive examination should be filed within 42 months from filing date or earliest priority date (the request for substantive examination should be filed within 36 months for Utility Model application). The examination for patent applications takes about 2-5 years.
  4. Granting: The issue fee and first annuity should be paid to obtain patent right. The annuity shall be paid annually after registration. The duration of Patent right is 20 years from filing date, while the duration of Utility Model right is 10 years from filing date.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English
  2. Information of inventor: Inventor’s name in Chinese and English
  3. Specification and drawings in Vietnamese
  4. Power of Attorney
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