Procedures

Estimated three (3) to four (4) years for smooth application

• Filing new patent application
• National Phase entry via PCT route within thirty-one (31) months from the earliest claimed priority date
  OR
• Patent application via Paris Convention route within twelve (12) months from the earliest claimed priority date
• Formality examination
• Publication on the Industrial Property Official Gazette (by nineteen (19) months from filing date) with publication fee for opposition by third party
• Substantive examination (request to be filed within forty-two (42) months from the earliest priority date)
• Grant of the patent
• Publication on the Industrial Property Official Gazette after grant

Requirements

• Name, nationality and address of the applicant(s) and inventor(s)
  
• Patent specification including description, claims, abstract and drawing(s)
• Priority details (if any)
• Certified copy of Priority Document (if priority is claimed)
• A copy of the international application (PCT/RO/101) (for PCT route)
• Application should be filed in Vietnamese

Grant & Maintenance

• Twenty (20) years from the filing date
  
• Registration fee and the fee for maintenance of the first (1st) year’s validity of the patent are to be paid after grant of patent
• All subsequent annuities should be paid within six (6) months before the anniversary of the grant date
• Late payment is possible within six (6) months after the due date alongside payment of a surcharge

Remarks*

• The period for filing an opposition against a Vietnamese patent application by a third party commences on the publication date and ends before the granting date
  
• Utility Patent is available in Vietnam with validity term of ten (10) years from the filing date
  
• Novelty grace period: twelve (12) months before first priority date or filing date
  

Legal Basis

• IP Law 2005 of Viet Nam
  

Procedures

Estimated twelve (12) to sixteen (16) for smooth application

• Filing new industrial design application
• Paris Convention route to be filed within six (6) months from the earliest claimed priority date
• Formality examination
• Publication in the Industrial Property Official Gazette (within two (2) months as from the date the application is accepted as formally valid) for opposition purposes. Publication fees should be paid.
• Substantive examination (request must be filed during filing of industrial design application)
• Notification of intention to grant an industrial design
• Proceed to registration of industrial design upon fee payment
• Entry into the National Register of Industrial Property and publication of the industrial design in the Industrial Property Official Gazette (within two (2) months from the date of issuance of the Notification of intention to grant an industrial design)

Requirements

• Name, nationality and address of the applicant(s) and designer(s) / author(s)
  
• Signed Deed of Assignment if the applicant(s) is not the designer(s) / author(s)
• Representation of the design with respective view(s) to be filed
• Title and brief description of the design
• Classification of the design in accordance with Locarno Classification
• Priority details (if any)
• Certified true copy of Priority Document if priority is claimed
• Application should be filed in Vietnamese

Validity Term & Maintenance

• Initial protection of five (5) years from the filing date
  
• Renewal for a further period of ten (10) years subject to the payment of a renewal fee every five (5) years, for a total of fifteen (15) years
  
• The fee should be paid within six (6) months preceding the expiration date of the registration
  
• A grace period of six (6) months is granted for payment of the fees after the expiration of the design registration upon payment of a surcharge
  

Remarks*

• Vietnam is the contracting party to Hague Agreement Concerning the International Registration of Industrial Designs
  
• Multiple design application is available
  
• Novelty grace period: six (6) months before first priority date or filing date
  

Legal Basis

• Intellectual Property Law (No. 50/2005/QH11 of 29th November 29 2005); supplemented and amended under Law No. 36/2009/QH12 of 19th June2009
  
• The Government’s Decree No. 103/2006/ND-CP of 22nd September 2006, detailing and guiding the implementation of a number of articles of the 2005 Vietnam IP Law on industrial property; supplemented and amended under Decree No. 122/ND-CP dated 31st December 31 2010
  
• Circular No.01/2007/TT-BKHCN of 14th February 2007 guiding the implementation of the Government’s Decree No. 103/2006/ND-CP; supplemented and amended on Circular No. 13/2010/TT-BKHCN of 30th July 30 2010 and Circular No. 18/2011/TT-BKHCN of 22nd July 2011
  

Requirements

• Sample of the work or creation (can be in the form of: printed materials, CD/USB (for software creation) and manual book)
• Power of Attorney
• Undertaking/ Declaration of the author(s) or creator(s)
• Certified copy of Business registration certificate of applicant(s) (if the applicant isan enterprise) and certified copy of personal papers (identity card, passport)of the author(s) or creator(s) if the author(s) or creator(s) is the applicant(s)
• Deed of Assignment executed by the author(s) or creator(s) if the applicant(s) is not the author(s) or creator(s)
• Name, nationality and address of the applicant(s) and the author(s) or creator(s)
• Type and title and brief descriptions of the copyright
• Information on the first publication of the creation
• Certificate of Registration
• Application should be filed in Vietnamese

Protection Duration

• Seventy-five (75) years from the date of first publication for cinematographic, photographic, works of applied art and anonymous works (hundred (100) years from the date of fixation if such works have not been published within twenty (25) years from its fixation)
  
• Fifty (50) years after the author’s death for dramatic works
  

Remarks*

• Copyright protection is obtained automatically without any need for registration or other formalities
  
• Registration of copyright is in voluntary nature but can be deposited for the purpose of evidence of legal ownership
  

Legal Basis

• Intellectual Property Law (No. 50/2005/QH11 of 29th November 2005)
  
• Decree No.22/2018/ND-CP on Guidelines for Certain Number of Articles of the Intellectual Property Law and Law on Amendments to the Intellectual Property Law 2009 in Terms of Copyright and Related Rights