An invention is a technical solution that is world - wide novelty, involves an inventive step and is applicable to various social and economic fields (Art. 782, the Civil Code)
Protection title for an invention is the patent for invention, with the term of validity beginning on the date of grant and expiring at the end of 20 years counted from the official filing date.
A utility solution is a technical solution that is world - wide novelty and is applicable to various social and economic fields (Art. 783, The Civil Code).
Protection title for utility solution is the patent for utility solution with the term of validity beginning on the date of grant and expiring at the end of 10 years counted from the official filing date.
An industrial design is a product's shape which is formed by lines, three-dimensional form, and colors or a combination thereof, and which is world - wide novelty and is used as the pattern of industrial or handicraft products (Art.784 The Civil Code).
Protection title for an industrial design is the patent for industrial design with the term of validity beginning on the date of grant and expiring at the end of 5 years counted from the official filing date and renewable for two consecutive terms of 5 years.
Right of the creator of invention, Utility solution, industrial design
The authors of invention, utility solution industrial design shall have the following rights:
- To have their names acknowledged in the patents of invention, utility solutions and industrial designs and in other related scientific materials;
- To receive remuneration from other persons, who use the patented invention, utility solution and industrial design unless the owners and authors have agreed otherwise;
- To demand the courts and the competent state authorities to deal with violation against the patented industrial property;
- To receive the awards granted for the invention, utility solution and industrial design of which they are the creators.
Exclusions from Patentability
According to Article 4 of Decree 63/CP, the following objects shall not be protected as Invention, Utility Solution:
(a) Discoveries, scientific theories;
(b) Systems, rules and methods for doing business;
(c) Systems and methods for education, teaching and training;
(d) Method for training animals;
(e) Linguistic systems, information systems, classification systems and documentation compiling systems;
(f) Designs and schemas for planning of constructions, projects for planning;
(g) Solutions which serve solely to obtain an ornamental or aesthetic result, but not technical result;
(h) Symbols, time tables, rules and regulations;
(i) Computer programs, layout-design of integrated circuits, mathematical methods and the likes;
(j) Plant or animal varieties;
(k) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
According to Article 4 of Decree 63/CP, the following objects shall not be protected as Industrial Design:
(a) External shape of products that is easily created by a person with ordinary skill in the art;
(b) External shape of products dictated merely by their technical or functional characters;
(c) External shape of civil or industrial construction works;
(d) Shape of products that is invisible in the process of normal utilization; and
(e) Designs dictated merely by aesthetic consideration.
The "first to file" principle is adopted in Vietnam for determining priority for patent applications, according to which a patent will be granted to the person who first files an application seeking a patent. If several applications for the same invention, utility solution or industrial design are filed on the same date or claim the same priority date, then all applicants shall be required to merge the applications into one application and only one patent will be granted to all the applicants as co-owners if they so agree. Otherwise, no patent will be granted.
If two or more applications for both invention patents and utility patents are filed for the same technical solution, with the same priority conditions, then the NOIP will request the applicants to select a single form of protection (invention patent or utility solution patent) and merge the applicants in the similar manner as above mentioned.
1. Full name, address and nationality of the applicant
2. Full name, address and nationality of the inventor
3. Title of the invention/utility solution
4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed)
5. International filing number and publication number (in case of PCT applications entering the Vietnam National Phase).
1. Specification consisting of the title, description, Claims and abstract (English version) - 2 copies
2. Drawings (if any) - 2 copies
3. Original Power of Attorney (notarization is not required), of which a copy is accepted for filing an application but the original one must be submitted within 3 months from the filing date
4. Certified copy of the priority document (only for applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date
5. As to PCT applications entering the Vietnam National Phase, apart from the above documents, the following PCT documents are required: PCT publication, International Preliminary Examination Report (PCT/IPER/409) (if any), Notification of Change (PCT/IB/306) (if any), International Search Report (PCT/ISA/210)...
5.1Since it is required that the Vietnamese version of the specification be submitted at the filing time, the English version must be early provided for the translation work. If sending the specification causes any inconvenience, the PCT application number or the publication number should be early informed for downloading the specification from the WIPO database;
5.2 The original Power of Attorney can be submitted within 34 months from the priority date.
1. Term for PCT applications to enter the Vietnam National Phase is 31 months from the priority date
2. Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Patent Office in necessary cases.
3. A request for substantive examination must be filed within 42 months (as to invention) or 36 months (as to utility solution) from the first priority date.
4. Time for formality examination is 01 month from the filing date and for substantive examination is 12 months from the publishing date (if the request for substantive examination is filed before the publishing date) or from the request date. (if the request is filed after the publishing date)
5. The validity term of a Patent is 20 years (as for invention) or 10 years (as for utility solution) from the regular filing date and the Patent is effective from the granting date.
6. Annuity is required to be paid only after a Patent is granted