When registering for an invention’s protection or a patent, the applicant may consider the validity of it. Because, this issue will be different between countries. In this article, LSX will give details on the validity of foreign patent protection under Vietnamese Law.
Legal ground
- 2005 Intellectual Property Law
Definition of inventions, patent
Accordingly, an invention is a technical solution in the form of a product or process that solves a defined problem by applying the laws of nature. In fact, inventions are subject to industrial property rights; and the protection will apply in case the inventions fulfill the requirements of the IP Law.
The definition also applies to the case of foreign inventions. Because, in Vietnam, foreigners also have the right to register for a patent.
On the other hand, a patent is a document issued by a competent state agency to an organization or individual in order to establish industrial property rights for inventions.
Conditions of patents’ protection
Hence the regulation in IP law, the protection for the inventions may stay in the form of a patent; in case they fulfill the following conditions:
- Having novelty
- Having a creative level
- Capable of industrial application
On the other hand, the protection for inventions may stay in the form of a utility solution patent; in case it is not common knowledge and meets the following conditions:
- Having novelty
- Capable of industrial application
These conditions are also apply on the case of foreign inventions, as well as a native/Vietnamese inventions.
Validity of foreign patent protection
Basically, the patents are valid throughout the territory of Vietnam. Moreover, the patent is valid from the date of issuance; and lasts up to twenty years from the date of application. On contrary, the validity of a utility solution patent take effect from the date of issue and last up to the end of ten years from the date of application. In order to maintain its validity, it is necessary to pay the maintenance following the IP law.
Termination of patent protection
Hence the regulation of law, the termination of patent protection will include the following cases:
- The owner of the patent does not pay the validity or extension fee
- Patent holders declare the abandonment of industrial property rights. Accordingly, The Department of Intellectual Property will decide to terminate the protection of patent from the date of receipt of the declaration of termination request from the applicant
- The owner of the patent no longer exists or no longer operates a business without a legal successor
Above is the validity of foreign patent protection under Vietnamese Law. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
Hence the regulation of law, the applicant must pay the following fees:
Application fee: VND 180,000.
Application publication fee: VND 120,000.
Content appraisal fee: VND 420,000.
Search fee: VND 120,000.
License fee: VND 120,000.
Registration fee: VND 120,000.
The time from the filing date to the date of receiving a reply agreeing to grant a patent is 31 months.
Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.
Conclusion: So the above is Validity of foreign patent protection under Vietnamese Law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
