Accordingly, if the owner of any invention wishes to register the invention in Vietnam, they must carry out the required procedure. So, what is the procedure for the registration of inventions under Vietnamese Law? Let’s find out with LSX!
- 2005 Intellectual Property Law
Dossier for registration of inventions
Hence the regulation of Intellectual Property Law, a dossier for the registration of inventions will contain the following documents:
- Patent name
- Brief technical description, drawings, diagrams
- Known technical solutions before invention, disadvantages and limitations
- Some specific application cases to prove the effectiveness
- Information of the patent owner
- Author and co-author information
Procedure for registration of inventions
Step 1: Submit the dossier for the registration of inventions
Firstly, the applicant must prepare 02 dossiers for inventions registration. Then, they shall submit it to the Department of Intellectual Property.
Step 2: Determine the dossier
When receiving the dossier, the expert staff at the NOIP will conduct an appraisal of the dossier in terms of form – check the composition of the dossier. The appraisal will draw conclusions about the legality of the dossier.
Accordingly, the NOIP will issue a notice in the following two cases:
- If the application is valid, the NOIP will issue a notice of approval of the applicant’s patent application
- In case the application does not match, the NOIP will issue a notice of refusal to accept the application.
Step 3: Verify the content of the content
In order to be assessed in terms of content, the applicant needs to submit a request for substantive examination of the application. Afterward receiving the request, the NOIP will conduct substantive examination by assessing the protection ability of the object stated in the application under the following protection conditions:
- The novelty of the object
- Creative level
- The industrial applicability of the object of protection
Subsequently, the NOIP will give two results as follows:
Firstly, if the object stated in the registration application is not eligible for protection, the NOIP will issue a decision to refuse to grant a protection title.
Secondly, if the object stated in the registration of inventions application has met the requirements for protection, and the applicant has also paid the full fee, the NOIP will issue a protection document. The protected object will be recorded in the National Register of Industrial Property and published in the Official Gazette of Intellectual Property.
- Conditions of protection for inventions under Vietnamese Law
- Regulation on copyright infringement under Vietnamese Law
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.
It will take 01 months from the date of filing the application for patent registration.