What is a patent?

According to Clause 12, Article 4 of the Law on Intellectual Property 2005 as amended and supplemented by the Law on Intellectual Property 2009 of Vietnam, Patent means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

A patent is a legal right granted to an inventor or assignee that gives them the exclusive right to prevent others from making, using, or selling their invention for a certain period of time.

A patent is a legal document that grants an inventor or assignee exclusive rights to prevent others from making, using, selling, or importing an invention for a limited period of time. In exchange for disclosing their invention to the public, the patent holder is given the exclusive right to use and commercialize the invention for a certain period of time.

It’s worth noting that while patents can provide significant benefits to inventors and companies, the process of obtaining a patent can be complex and expensive. In addition, the patent system is designed to balance the interests of inventors with the public interest in promoting innovation and competition. As such, there are some limitations on the scope of patents, and patents can be challenged or invalidated under certain circumstances, such as if they are found to be invalid or if the patent holder engages in anticompetitive behavior.

Patents can be granted for a wide range of inventions, including processes, machines, compositions of matter, and new and useful improvements to existing inventions. In addition to providing exclusive rights to the inventor or assignee, patents can also serve as a valuable asset for companies, as they can be licensed or sold to other companies or individuals.

The process of filing of the application for registration of the invention in Vietnam

The time for formal examination of an dang ky sang che application is 1 month from the filing date. An application that is considered valid includes the following elements:

+ Documents of an invention registration application include: The registration declaration; patent description, fee payment document.

+ Requirements for invention registration applications: Meeting the provisions of the Intellectual Property Law and accompanying guiding documents.

– Contents of patent application publication:

The publication of the Industrial Property Official Gazette must include information related to a valid application; relevant application contents, invention summary enclosed with drawings (if any); the name of the inventor’s nationality. Note that applicants must pay a publishing fee.

Time for substantive examination of patent applications

+ Request for substantive examination: Made by the applicant or any third person.

From the filing date, the time limit for filing a request for substantive examination of an invention registration is 42 months. For an invention registration application that requires a utility solution patent, the time limit for requesting substantive examination of the application is 36 months from the filing date. If there is a legitimate reason, the time limit for submitting a request for substantive examination may be extended but must not exceed 6 months.

+ Time limit for substantive examination: The time limit for substantive examination of an invention registration application is 18 months from the date of receipt of a request for substantive examination (if the request is filed after the date of application publication) or from the date of application for substantive examination. request content review. is submitted. to check the content. publication of the application (if the request is filed before the date of publication of the application)

– Notification of results of substantive examination of patent applications

In case the patent application meets the protection requirements, the NOIP will issue a notice of granting a protection title. In contrast, the patent application does not meet the protection requirements, the NOIP will issue a notice of refusal to grant a protection title.

Within 1 month from the date of issuance of a notice of grant of a protection title, the owner of an invention registration application must pay a fee for the grant of a protection title in order to be granted a title.

The term of invention protection in Vietnam

According to the provisions of Clause 2, Article 93 of the Law on Intellectual Property 2005 as amended and supplemented to 2022, a patent for an invention takes effect from the date of grant and lasts until the end of twenty years from the date of filing the application.

The term for submitting the application for maintenance and extension of validity of protection titles in Vietnam:

Within 06 months before the expiry date of an invention protection certificate, the customer must submit an application for an extension to the National Office of Intellectual Property of Vietnam;

However, customers should note that in order to have the validity of a patent extended, the owner must pay a validity extension fee.

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