Brief Reminder of Time Schedule to Apply PCT Application into Vietnam

According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:

Vietnam patent

If an international application designates Vietnam, the National Office of Intellectual Property in Vietnam (NOIP) is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following:

-Written declaration requesting invention registration, made according to a set form;

-Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 of Patent Cooperation Treaty;

-National charges and fees.

If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

-Written declaration request;

-Sting invention registration, made according to a set form;

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or Article 34(2)(b) of the Treaty);

-Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);

-National charges and fees.

After having submitted the application, the time  when the processing of an international application designating or electing Vietnam in the national phase starts is the first day of the thirty second month from the date of priority if the applicant files no written request for entry into the national phase earlier than the above time limits. The international application shall be put to formality examination and substantive examination according to the procedures applicable to ordinary invention registration applications. If the applicant requests in writing earlier examination of his/her application and pay the prescribed charge, the international application shall be examined earlier than the time limit specified above in accordance with the provisions of Article 2 3(2) of the Treaty.

Please be noted that in addition to the cases where an international application is considered withdrawn specified in the Treaty and the Regulation on implementation of the Treaty, an international application designating or electing Vietnam shall be considered withdrawn if the national fees are not paid to the NOIP or there is no Vietnamese translation upon the expiration of the set time limit.

It is important to adhere to the deadline and patent attorney in Vietnam of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

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Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

 Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filing a Patent on an invention or a utility in Vietnam.

1. Our services in Patent for invention and Utility model

Our services in Patent field include:

-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;

-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;

-Maintenance;

-Amendment;

-License;

-Assignment;

-Opposition against proceedings;

-Appeal;

-Cancellation;

-Invalidation;

2. How to file a patent in Vietnam

Inventors or Organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.

An invention shall be protected in Vietnam when it satisfies the following conditions:

-Novelty;

-Inventive step;

-Industrial applicability;

3. Required information and documents

For the purpose of filling the patent application in Vietnam, the following documents will be required:

-Full name and address of applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

4. Patent Examination Procedure

The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

-Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from publication date of 19 months from priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay fee.

-Issuing the Patent of Invention.

5. Patent Term and Maintenance

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn't necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented.

Register patent in Vietnam

Along with the proper subject matter above, the invention also needs to be new and non-obvious. An invention that is already in the public domain or has already been patented will not be granted a patent. It also needs to be more than an obvious improvement. The standard is determined by looking at the prior art of the subject area and determining whether the claimed invention is simply an obvious improvement on what was already in the public domain. If the claimed invention is only an obvious improvement, it will not be granted a patent. You will also need to prove that your claimed invention is useful.

Whether you meet the requirements will be determined by the USPTO through the filing process. You will submit all required application and filing materials to the office and they will make a determination on the patentability of your claimed invention. I would suggest that you hire a patent attorney to help you with the filing process.

To answer your more specific question, it seems like what you really need is a non-disclosure agreement. An NDA is an agreement between parties to not disclose certain information allowing you to choose who gets to hear your secrets and prohibit those chosen people from further disclosure of your secret to other people. So, if you want a patent because you are worried about disclosing your secrets without protection, then an NDA will offer you that protection. Again, though, you would want to hire an attorney to help you draw up you NDAs.

Source: Quora

If you are looking for an experienced patent attorney in Vietnam to help you with your patent or an attorney with experience drawing up NDAs, you should visit ANT Lawyers.vn. We are supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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Four Steps of Patent Application Processing Procedures

After submitting patent application at National Office of Intellectual Property in Vietnam (NOIP), the applicant will concern on how their application will be processed.

Specifically, patent application will be gone through the following phases: receipt of application; formality examination of application; substantive (ex-officio) examination of application; grant of or refusal to grant protection titles; official registration and publication of decisions on the grant of protection titles.

Vietnam patent

Firstly, receipt of patent application:

When receiving the application in this first phase, the NOIP will check and prepare with the documents listed in the declaration to consider whether to receive the dossiers. In case of sufficient dossiers according to the law, the receiving officer shall receive the dossiers and stamp the submitting date in the dossiers and send back a declaration to the applicant. In case of insufficient dossiers, the NOIP shall decline to receive the dossiers.

Secondly, formality examination of patent application:

The purpose of formality examination is for examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid. If the application is valid, it will be proceeded to the next step, otherwise, it will be denied. The formality is considered related to the language in the application, application presentation, word size; the declaration must ensure the compulsory information and be uniformed; regarding the documents required to have the confirmation of competent authority then those documents must have that seal. Besides, the NOIP also check the filing date and priority date (if any). If there are any errors in the dossiers, the NOIP will send a notification to applicant of intention to refuse the valid application and set a period so as the applicant can correct the errors. In case applicant does not reply to the notification, the NOIP will issue the refusal notification of the application; if the application is valid, the NOIP will issue the acceptance notification of the valid application.

Thirdly, publication of valid application:

After being accepted the validity, the NOIP will publish the valid application on Industrial Gazette in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within two months after it is accepted as a valid application, whichever is later. If the patent application is under the Patent Cooperation Treaty, it shall be published within two months from the date it is accepted as a valid application and entering the national phase. Regarding the application which request for earlier publication, it shall be published within two months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Fourthly, substantive examination of patent application;

The purpose of substantive examination is to assess the protect ability of objects stated in those applications under the protection conditions and corresponding protection coverage. Be noted that during the substantive examination process to the application having the priority, the NOIP may use the searching information result and corresponding substantive examination result of the application submitted abroad. However, the applicant could actively provide the following documents for substantive examination: (i) searching information result and corresponding substantive examination result of the application submitted abroad (ii) the copy of protection title on the basis of similar application submitted abroad (iii) the documents related to technical art of the subject mentioned in the application which provided by oversea competent authority and other documents. The content of substantive examination is to assess the corresponding of the subject in the application to each protection claim. After finishing the substantive examination period, the NOIP will issue one of the following notifications:

-The subject in the application does not satisfy the protected conditions or satisfies the protection conditions and remains some errors. Then, the NOIP will issue a notification of intention of refusal to grant protection title and set a period for applicant to have opinion and correct the errors. If the applicant replies to the notification and the NOIP considers to be suitable, then NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

-If the subject in the application satisfies the protected conditions, the NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

In both the above cases, if the applicant submits the granting fee, publication of granting decision fee; registration protection title fee and first year remaining validity fee, applicant will then be granted the patent registration certificate. Every year, applicant will have to submit the remaining validity fee, otherwise, the protection title will be invalid.  It is suggested that patent attorney in Vietnam will be assigned to follow up with the authority for effective management of IP properties.

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Protecting Invention Abroad via Patent Cooperation Treaty (PCT)

Patent is an intellectual property right which owner could benefit from limited monopoly or commercialize through licensing the patent to others in return for royalty.  To protect  invention internationally, an inventor may file an international application with a national or regional patent office or WIPO and this aplication must comply with the Patent Cooperation Treaty (PCT) formality requirements. The patent owner should have a patent lawyer to help out with the process of patent registration, and filing an international protection through PCT process.

Vietnam patent 

 What is Patent Cooperation Treaty?

The PCT is an international treaty with 153 Contracting States. This treaty helps the applicant in protecting their invention internationally when filing only one international patent application to be protected in a large number of countries instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent offices in what is called the “national phase”.

The general procedures when filing an PCT application would be:

Filing, International search, International Publication, Supplementary International Search (optional), International Preliminary Examination (optional), National Phase.

With the filing step, the applicant needs to file an international application with a national or regional patent office or WIPO, complying with the PCT formality requirements, in one language, pay one set of fees. Before International Publication, the patent must go through an International Search by an “International Searching Authority” (ISA) (one of the world’s major patent offices). The purpose of this Search is to identify the published patent documents and technical literature which may have an influence on whether invention is patentable. After that, a written opinion on invention’s potential patentability will be issued. Then, the PCT application can go directly to national phase. However, there are two optional steps which applicants may go through: (i) Supplementary International Search (optional), and (ii) International Preliminary Examination (optional). These two steps based on applicant’s request should publish documents which may not have been found by the first ISA and carry out an additional patentability analysis, usually on an amended version of application, respectively.

How long does the PCT process take? Normally, applicant will have 30 months from the filing date of the initial patent application of which they claim priority or up to an additional 18 months from the time applicant files their international patent application before they have to begin the national phase procedures with individual patent offices and to fulfill the national requirements.

At any time, however, applicant may request an early entry into the national phase instead of waiting for the expiration of 30 months from the earliest filing date of their patent application. Once the application has gone into national phase, the time required for the examination and grant of a patent varies across patent offices of each state.

One of the important steps in filing PCT is to make sure the translation into Vietnamese language match up with the original language.  Patent attorneys in Vietnam at ANT Lawyers will assist along the process including the translation of the patent and work with the national office of intellectual property in Vietnam to follow the instructions to complete the registration process in Vietnam.

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How to register a patent in Vietnam?

Law on Intellectual Property of Vietnam had come into effect from 2005 to keep up with the considerable development of the world. One of the most important subject of Intellectual property is patent which contribute a huge part for the mankind development. According to Vietnamese law, to be granted patent title, a patent must fulfill 3 conditions which are: (i) novelty; (ii) inventive nature; (iii) susceptible of industrial application.

Register Patent in Vietnam

Firstly, a patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application. Besides, a patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

-It is published by another person without permission from the person having the right to register it;

-It is published in the form of a scientific presentation by the person having the right to register it;

-It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

Secondly, An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Thirdly, an invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

If a patent fulfills the above criteria then it is granted patent title.

What is the process of registration a patent in Vietnam?

After submitting the patent application into Noip (Intellectual Property office of Vietnam), it shall gone through 2 phases of examination which are formal examination and substantial examination.

Formal examination of applications means examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid, this phase would take from 1-3 months. All applications accepted as valid shall be published by the Noip in the Industrial Property Official Gazette.

After the publication, if there are no third parties object the application, then it go to substantial examination. The purpose of substantive examination of applications is to assess the protectability of objects stated in those applications under the protection conditions and corresponding protection coverage (volume). This phase would take from 12 months to 16 months. If it does meet protection criteria, NOIP will grant Patent for Invention.

However, in practice, the time from the filing to granting will be 18 months to 20 months due to huge load of work.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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Should a startup founder worry about patents?

When you are in the early stages of your start-up, it may be tempting to cut corners in any way that you can to save time and money. However, you should realize that by doing this you aren’t setting up your business for the best scenario for success. 

Register patent in Vietnam

If you believe that your company brings a unique invention that other people could find useful, then you can certainly apply for a patent. Doing so early on can protect your business from potential issues in the future and it will solidify your legal claim to the idea that you are patenting. You may be surprised to learn that disputes over patents between companies is not exactly rare. If you put patents at the top of the list early on, you will save yourself a lot of headache in the future.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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What do the terms “patent pending” and “patent applied for” mean?

If you're involved in the patent process, then it will certainly be beneficial to understand what specific terms and phrases mean.

Vietnam patent

The terms "patent pending" and "patent applied for" are virtually the same concept. This means that you have applied for the patent, but have not yet been issued. Essentially, it indicates that you have applied for protection, but the details and scope of that protection are yet to be determined.

You may be curious as to why this status has any bearing in the business world. Actually, it can let investors know that you have taken the first steps and have a plan in the works. For some, this is enough to move forward with further discussions.

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What’s a Patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Patent Law Firm in Vietnam

INVENTIONS PATENTABLE

-Art, Process, Method or Manner of manufacture;

-Machine, Apparatus or other Articles;

-Substances produced by Manufacturing

-Computer Software which has Technical application to Industry or is used with Hardware

-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE

-Frivolous or obvious inventions.

-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.

-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature

-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.

-Producing a new substance by mere admixtures of substances.

-Mere arrangement/rearrangement or duplication of known devices functioning independently.

-Method of agriculture and horticulture

-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.

T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).

-A mathematical or business method or algorithms.

-A Computer Programme per se other than its technical application to industry or a combination with hardware.

-Aesthetic creation including cinematography and television production.

-Method for performing mental act or playing game.

-Presentation of information.

-Topography of Integrated Circuits.

-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

-Full name, address & nationality of applicant (s) and inventor (s).

-Specification, provisional / complete drawings , claims and abstract.

-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT

-After filing Patent Application in India, a Request for Examination is filed with the Patent Office

-Thereafter the application is examined by patent office and objections, if any, are raised thereto.

-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.

-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL

The patent is renewed every year from the date of patent.

Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs

Source: Quora

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Which country does a patent process fast?

South Africa is a non-examining country, so you can get a granted patent in under a year. But, because it is so easy to obtain, the value has little weight or sway. This is especially true of the patents value outside of the granting country. i.e. For the PPH program. In such cases, the granted patent is little more than a ticket into the court room where you can then argue over questions of novelty, non-obviousness, and usefulness. (All the decision factors that delay patent granting in most other countries.)

Patent Law Firm in Vietnam 

Many countries will prosecute a patent application faster if you pay an extra fee for expedited processing, or if your patent is the subject of an infringement or other litigation issues.

I can’t think of any situation where speed of issuing should be a decision factor in patenting. There are much more important criteria. A licensed patent attorney will be able to help you develop an international protection arrangment based on your business needs and industry.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

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How to Protect Invention Patent in Vietnam?

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.

Vietnam Patent 

However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:

Name of the invention: name of inventions and name of inventor should be brief without promotion.

Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.

Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.

Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.

The description of constitutive signs of invention: The description shall declare new signs of the invention.

Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.

With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers could support inventor in advising and drafting dossier to request patent protection in Vietnam.

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