The Socialist Republic of Vietnam is the easternmost nation on the Indochina Peninsula and its capital city is Hanoi. Vietnam is home to 85 million people and boasts the second fastest growth rate among all countries in East and Southeast Asia. Its gross domestic product is about US$258.6 billion with a per capita of US$3.100.
VIETNAM PATENTS SYSTEM
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention |
| Costs of obtaining a patent |
Please contact us at vietnam@mirandah.com |
| Average time to obtain a patent |
5 - 6 years |
| Official language for patent prosecution |
Vietnamese |
| Non-patentable subject matter |
- Discoveries, scientific theories; mathematical formulae
- Schemes, plans, rules or methods for performing mental acts, playing games, doing business; computer programs
- Presentations of information
- Solutions of aesthetic characteristics only
- Plant varieties, animal varieties
- Processes of essentially biological nature for the production of plants and animals other than microbiological processes
- Methods of diagnostic, prophylaxis and treatment for human or animals
|
| Grace period for prior disclosure or sale |
Six months before filing date in Vietnam |
|
Major prosecution events |
| Paris Convention entry |
: |
12 months# |
| National phase entry |
: |
31 months |
| Formality Examination |
: |
1 months from local filing date |
| Substantive Examimation |
: |
42 months# |
| Term of examination |
: |
12 months |
| Payment of grant fee |
: |
At the end of examination |
| Renewals (after grant) |
: |
every year | |
| Extension of deadlines |
Only one time for a period of 2 months
|
| Pharmaceutical Data Exclusivity Laws |
In force |
| Parallel Imports |
Allowed |
| Term of patent |
20 years from filing date |
| Patent term extension |
Not available |
| Restoration of lapsed patent |
Not Allowed |
| Search and Examination |
The Vietnamese National Office of Intellectual Property (NOIP) conducts its own Search and Examination, both as to form and as to substance |
| Other forms of patents |
Utility Solution (for minor inventions) |
| Useful links |
www.mirandah.com
www.noip.gov.vn |
ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Criminal (in special cases) |
| Any specialized courts for IP |
No |
| Outline of the enforcement steps |
- Cease and Desist Letter
- File a petition at the local authority to denounce the infringer
|
| Relief against groundless threats |
Not available |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
Available |
| Alternative dispute resolution |
(i) Mediation
(ii) Arbitration |
| Availability of damages and other relief for infringement |
(i) Injunction
(ii) Loss of revenue
(iii) Account of profits |
Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.