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REGISTRATION OF INVENTION/UTILITY SOLUTIONS IN VIETNAM

GENERAL INFORMATION


APPLICANT

Inventor or his Assignee; assignee may be individual(s) or corporation(s). Two or more parties may apply jointly. Foreign applicants not resident in Vietnam or without a legal representative or a real and effective industrial or commercial establishment in Vietnam have to carry out the filing of application and related procedures only through an empowered IP Agent.


LANGUAGE OF THE PATENT APPLICATION

Vietnamese. Vietnamese translation of the specification of invention should be filed at the filing date. However, a 03-month extension of time can be acceptable for submitting the Vietnamese translation provided that the English (French/Russian) specification is filed at the filing date.

 

SUBJECT MATTERS EXCLUDED FROM PATENTABILITIES

Scientific ideas, principles and discoveries; Methods and systems for economic management, organization; Methods and systems for education, teaching, training; Methods for training animals; Linguistic systems, information systems, classification systems, documentation compiling systems; Design and planing diagrams for construction facilities, projects for regional planing and zoning; Solutions concerning only the shape of articles, bearing only aesthetic character but not technical character; Symbols, time-tables, rules, signs and regulations; Computer software, electrical circuits, mathematical models, reference diagrams and the like; Methods for the prevention, diagnosis and treatment of diseases; Technical Solutions, which are contrary to social interests, public order, humanitarian principles or socialist morality, shall not be considered as inventions or utility solutions. 


EXAMINATION

1. Duration of examination as to form: one (01) month from the filing date. If the application is fulfilled the examination, the appliciation will be published on the IP Buletin at the 19thmonth from the Priority Date.

Request for substantive examination must be filed within 42 months counted from the Earliest Priority Date. 

2. Duration of substantive examination is eighteen (18) months counted from the latter date betwwen the Date of filing Substantive Examination Request or the Publication Date.


PUBLICATION 

In the second month from the date of the official acceptance of the application, abstract and drawings shall be published in the Industrial Property Gazette of the NOIP. 


OPPOSITION

An opposition may be lodged with the NOIP by any third party during the examination proceedings after the publication of the application.


TERM OF PROTECTION

20 years (patent for invention) and 10 years (patent for utility solution) from filing date (from International filing date with respect of PCT applications), subject to payment of annuity fees. 


DUE DATE FOR ANNUITY PAYMENT

The first (1st) annuity is payable on the Grant Date of the patent. Due date of annuity payment is the anniversary of the Grant Date.


FILING REQUIREMENTS

I. CONVENTION APPLICATIONS

1. Power of Attorney, signed by an authorized person of applicant, whose name and position in the company should be stated. The Power of Attorney can be filed by fax at the filing date, provided that the original one is submitted within 01 months from the filing date. Notarization of Power of Attorney is not required.

2. One (01) copy of specification in English/French/Russian and formal drawings (if any).