If you’re applying for intellectual property rights in Vietnam, know that the National Office of Intellectual Property (NOIP) oversees everything related to it. It’s responsible for the development of Vietnam’s IP strategy.
Are you ready to avoid IP infringement in Vietnam? If so, read on and find out the things you should consider when registering your Vietnam patent application and trademark registration with the local authorities.
The former aims to protect commercial inventions while the latter applies to industrial designs. For example, a patent can protect your business products or processes while designs secure your drawings and computer models.
Vietnam differentiates between patents and utility solution patents. The government also refers to the former as invention patents and the latter as utility models. The rules for each are similar, but utility models don’t need the item to show the inventive step.
The patent law of Vietnam uses the First-to-file principle, like most countries. That means the first party to apply gets the patent. It applies when two parties file for the same type of invention.
In Vietnam, invention patents will last for around 20 years from the date of filing. As for utility solution patents, its maximum duration is 10 years. It’s also the same for the layout designs of semiconductor integrated circuits, but it can last for 15 years if considering the date of the layout design’s creation.
The shortest IP protection goes to industrial designs. It only lasts for five years from the date you filed the patent. The good news is that you can renew this patent twice, extending its duration by five years.
As stated before, the NOIP will handle your registration. You need to get legal advice to understand all applicable fees associated with your Vietnam patent application. If you’re filing for a substantive examination request, the time limit is 42 months for invention patents.
As for utility models, your time limit is shorter at 36 months. This will apply as soon as you get a priority date.
Take note, Vietnam is part of the ASEAN Patent Examination Cooperation as well as the Paris Convention and Patent Cooperation Treaty. That means you’ll most likely get reductions in fees if your country is part of these organizations.
You can also spend less time applying for Vietnam patents. It’s especially the case if you’re doing this in different participating countries.
With these facts in mind, you can start protecting your intellectual property in Vietnam. To get the most out of it, make sure to get professional help. That way, you can focus on innovation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application. If you would like to apply for the Vietnam patent and trademark, please contact us for free consulation.
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