1. Types of patents
- Patent for Invention;
- Patent for Utility Solution; and
- Patent for Industrial Design
2. Subject matters not protected as inventions and utility solutions
- Discoveries, scientific theories; mathematical methods;
- Schemes, plans, rules or methods for performing mental acts, training domestic animals, 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;
- Disease prevention, diagnostic and treatment methods for human or animals.
3. Filing principle
- The "first to file" principle is applied for patent applications in Vietnam.
- If several patent applications are filed for the same invention/utility solution, on the same date or claim the same priority date, then all applicants shall be required to merge the applications into one application and only one patent will be granted to all the applicants as co-owners if they so agree. Otherwise, no patent will be granted.
- If two or more patent applications are filed for the same technical solution, one(s) for invention and the other(s) for utility solution, with the same priority conditions, then the NOIP will request the applicants to select a single form of protection (invention patent or utility solution patent) and merge the applications in the similar manner as above mentioned. Otherwise, no patent will be granted.
Priority under the Paris Convention is applied in Vietnam, based on an earlier application for the same subject matter filed in a foreign PC member country, or display of the same subject matter in an officially recognized international exhibition held in Vietnam or a foreign PC member country.
Priority under a bilateral agreement or the principle of reciprocity as to priority can also be applied.
5. Application and filing
- Each patent application can be filed for one subject matter or a number of subject matters provided that they are so linked as to form a single inventive step (unity requirement).
- For non-PCT applications claiming priority right under Paris Convention, the time limit for filing in Vietnam is 12 months from the filing date of the first filed application, or 6 months from the date the object was displayed at an exhibition.
- For PCT applications, the time limit for entering the national phase in Vietnam under Chapter I and Chapter II of PCT is 31 months counted from the filing date of the first filed application.
- For applications claiming priority right under a bilateral agreement or the principle of reciprocity, the time limit for filing shall be determined in accordance with such an agreement or principle.
- If the application claims different priority dates, the above mentioned time limits will be counted from the earliest priority date.
- Patent applications will be filed with the NOIP in Hanoi or any Receiving Office established by NOIP in Vietnam. Upon filing, a Receipt of Application will be issued in which the filing date and filing number are clearly determined.
- All applications of foreign applicants who are not resident or have not legal representative or real industrial/commercial establishment in Vietnam must be submitted through a licensed local IP agency likely Newvision Law firm.
6. Protection term
Patent shall be effective from the granting date. The validity term of patent shall be 20 years for invention, 10 years for utility solution counted from the filing date, subject to annuity payment.