Things to know about foreign patent’s protection in Vietnam

by QuynhHuong

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, in recent time, getting patent protection is a must; when it comes to preserving foreigners’ intellectual property. So, what are the things one needs to know about foreign patent protection in Vietnam? Let’s find out with LSX.

  • 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.

The definition also applies to the case of foreign inventions. Because, in Vietnam, foreigners also have the right to register for a patent.

Conditions for foreign patent 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

Possibility of protection

Basically, the procedure for patent registration will take a long period of time. Therefore, to avoid wasting time and money on filing; it is necessary to consider the possibility of granting patent protection by using the following methods:

  • Firstly, you need to figure out whether the intended applicant is a technical solution or not. Is it possible to classify it as one of the forms of invention mentioned?
  • Secondly, you can use the service to look up information about the invention of the Industrial Property Representative or the NOIP.

The benefits of patents protection

Before getting yourself a patent, the benefits of patents protection are what you might need to consider. Specifically, you may answer the following question:

  • Does the intended patent applicant have commercial potential?
  • Do you have the ability or someone who is able to apply to the intended applicant?
  • Does this benefit, especially economic, benefit?
  • Keeping the object intended to register or reveal it to be granted an Exclusive License; which one will give a better competitive advantage?

Above are things to know about foreign patent’ protection 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.

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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