Patent /Utility Solution

Information required for registration of Patent / Utility Solution

• Full name, address, nationality of applicant
• Full name, address, nationality of Patent/ Utility Solution author
• Name of patent/utility solution to be protected

Documents required to be provided by Customer to Viet An Law:

• Description of Patent/Utility solution
• Drawings, diagram, computer mapping (if any) and so on required to make clear the content of technical solution detailed in the description of Patent/ Utility Solution.
• The procuration compiled by Viet An Law with the signature and seal of the applicant.
• Copy of the first application or documentation of already being exhibited if the application shows the request of priority right in accordance with the international treaty
• The Vietnamese-language version of the description of Patent / Utility Solution, protection request and summarization of Patent / Utility Solution if the application shows the content written in other languages.
• Copy of the first application or documentation of already being exhibited, including the Vietnamese-language version.
• Documentation of legal submission right if the submitter inherits the submission right from the other.

Up-looking of Patent / Utility Solution

• The up-looking of Patent / Utility Solution is not the compulsory procedure but very important. This procedure will guarantee whether the Patent / Utility Solution to be registered by the Customer is new or not and the result of this procedure will confirm the posibility of certificate issuance for the Customer’s Patent / Utility Solution, which may save time, force and money used for the registration of Patent / Utility Solution.
• Viet An Law will look up preliminarily Your Patent / Utility Solution basing on the database available at National Office of Intellectual Property of Vietnam and also provide the service of Patent / Utility Solution up-looking at the National Office of Intellectual Property of Vietnam.

Process of Patent / Utility Solution registration

Submission of Patent / Utility Solution registration

• After there is the confirmation on posibility of protection for the Patent / Utility Solution, Viet An Law will provide the service of Patent / Utility Solution protection.
• Holding the entity of an intellectual property representative and being authorized by the Customer, Viet An Law will make the direct transaction with the National Office of Intellectual Property of Vietnam of Vietnam to fulfill all of the procedures such as compilation of documents, submission of documents, fees, charges for Patent / Utility Solution registration, progress supervision, reply as well as receipt and transfer of the Certificate to the Customer.

Duration of trademark consideration

• Not later than 01 month since the submission date, the National Office of Intellectual Property of Vietnam will release the notice of form test (This notice may by the approval if the application for Patent / Utility Solution contains no form-related error).
• Not later than 02 months since the notice of form test, the application will be announced on the Official Gazette of Industrial Property.
• Not later than 12 months since the application announcement and request of content consideration, the National Office of Intellectual Property of Vietnam will consider contents of the application.
• Not later than 01 month since the date of Notice of consideration result which details that the Patent / Utility Solution meets the protection standards, the Certificate will be issued to the applicant.
• Besides, the additional time is available for the applicant to qualify the form or submit the complaint against the content consideration notice released by the National Office of Intellectual Property of Vietnam.

Validity of the Protection Certificate

• The Certificate is considered effective throughout Vietnam. The Certificate of patent monopoly is considered effective from the issuance date to the end of the 20^th year since the submission date. The Certificate of utility solution monopoly is considered effective from the issuance date to the end of the 10^th year since the submission date
• The Certificate is considered expiried in the following cases:
  • The Certificate owner announces his/her waiver of industrial property;
  • The Certificate owner is dead or the owner of Patent / Utility Solution registration Certificate does not operate the business any more without any legal heir.

Patent-related consultancy service provided by Viet An Law

• Provide the consultancy, look up, assess the possibility of use, registration of the patent / utility solution in Vietnam and other countries;
• Complete the documents to apply for issuance of Patent certificate (translate or prepare the description and protection request, pictures, statements and play the role as the representative) for customers in Vietnam and other countries; Provide the consultancy and service of maintaining the validity of the patent certificate issued in Vietnam and other countries;
• Provide the consultancy and predict the possibility of violation against the patents which are being protected;
• Assess the validity of patent protection certificate issued in Vietnam and other countries;
• Discuss, compile, consider, register the contract on transfer of patent use right or ownership in Vietnam and other countries;
• Represent the customer to reply, complain against the Decisions made by National Office of Intellectual Property of Vietnam, including objection and complaint for Decision revision.