Dear Lawyer, I am a foreigner living in Vietnam and have a product that I want to patent. Can I have it registered in Vietnam? How to register Patents for foreigners in Vietnam? Let’s find out in this article with LSX Law firm.
Legal Basis
Intellectual Property Law 07/VBHN-VPQH 2019.
What is a patent?
According to Article 92 of the Law on Intellectual Property 2005,
Protective certification; owners of inventions, industrial designs, layout designs, trademarks; authors of inventions, industrial designs, layout designers; object, scope, and term of protection. The Protective certification for an invention is called an invention patent.
Additionally, An invention is protected in the form of a patent if it meets these conditions.
a) It is novel;
b) Have a creative level;
c) Have industrial application.
Who can register patents?
Before tackling the problem of registering inventions for foreigners in Vietnam, We need to consider which organizations and individuals can register trademarks:
According to Article 86, The following organizations and individuals have the right to register inventions, industrial designs, layout designs:
a) Authors of inventions, industrial designs, or layout designs with their own efforts and expenses;
b) Organizations and individuals that invest funds and material means for the author in the form of job assignment or hiring, unless otherwise agreed by the parties and such agreement is not contrary to the provisions of Clause 2 of this Article.
How can foreigners register patents in Vietnam?
In case the invention’s inventors are foreigners who want to register trademarks in Vietnam.
Article 89. Methods of filing applications for registration of establishment of industrial property rights
Firstly, Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals with production and business establishments in Vietnam shall submit applications for the establishment of industrial property rights directly or through a legal representative in Viet Nam.
Secondly, Foreign individuals not permanently residing in Vietnam, foreign organizations, and individuals without production or business establishments in Vietnam, shall apply for the establishment of industrial property rights through their legal representatives in Vietnam.
Thirdly, An application for the establishment of industrial property rights shall be submitted in paper text form to the state organizations in charge of industrial property rights or in electronic form through the online filing system.
Therefore, As a foreigner, you can register patents directly if you live in the country Permanently or have production and business establishments in the country. In other cases, you can still register patents through a legal representative in Vietnam
Finally, hope this article is helpful for you!
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