How long does it take to register for a patent in Vietnam?

by QuynhHuong

Accordingly, having a patent brings the owner a lot of benefits; yet, the procedure may be confusing and time-consuming. Therefore, in this article, LSX will answer “How long does it take to register for a patent in Vietnam?”.

  • 2005 Intellectual Property Law

Definition of inventions, patents

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. Inventions are subject to industrial property rights; 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.

Time limit for a patent registration

Hence the regulation of the IP law, the time to register an invention/utility solution from the time of applying for the grant of a protection title is 36-48 months. Specifically:

  • Time for formality examination: 01-03 months from the date of receiving the application of patents registration
  • Time for publication of application: 19 months from the date of priority or filing date, in case the application does not have a priority date; orwithin 2 months from the date of acceptance of a valid application (whichever is later)
  • Time for content appraisal: 18 months from the date of request for content appraisal or publication date (whichever is later)
  • Time for content appraisal: 18 months from the date of request for content appraisal or publication date (whichever is later)
  • Publication of a patent for inventions/utility solutions: 01-03 months from the date of payment of licensing fees.

Above is the answer to “How long does it take to register for a patent in Vietnam?”. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

How much does it cost to register inventions in Vietnam?

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.

What are the conditions for the registration of a patent?

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

Who has the right to issue an invention patent?

Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.

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