The dossier for the registration of a patent under Vietnamese Law

by QuynhHuong

Accordingly, the inventions’ protection procedure will take a long period of time; especially when the applicant misses the requirement of the IP law. In fact, the procedure for registering a patent may cause confusion to those who are not familiar with the law; therefore, in this article, LSX will give details on the issue of the dossier for the registration of the patent.

  • 2005 Intellectual Property Law

Definition of inventions

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.

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

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

Dossier for the registration of a patent

Correspondingly, a dossier for the registration of a patent will include 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

Then, after done gathering the documents, the applicant could carry out the procedure following the IP law.

Above is the regulation on the protection of foreign inventions in Vietnam. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

What is the time limit for determining the dossier?

It will take 01 months from the date of filing the application for patent registration.

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.

Who has the right to register for the protection of inventions?

Basically, in Vietnam, the following organizations and individuals have the right to register for the protection of inventions:
– Authors create inventions with their own efforts and expenses
– Organizations and individuals 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 law

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