Vietnam
Major international treaties signed |
|
Costs of obtaining a patent |
|
Average time to obtain a patent | 5 – 6 years |
Official language for patent prosecution | Vietnamese |
Non-patentable subject matter |
|
Grace period for prior disclosure or sale |
|
Major prosecution events | Paris Convention entry: 12 months
National phase entry:31 months Formality Examination : 1 months from local filing date Substantive Examination: 42 months Term of examination: 18 months Payment of grant fee : At the end of examination Renewals (after grant): Every year on anniversary of grant date |
Extension of deadlines | Only one extension permitted, 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 |
Infringement offence | Civil and Criminal (in special cases) |
Any specialized courts for IP | No |
Outline of the enforcement steps |
|
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 |