FAQS

The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.

When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.

5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.

The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:

(i) manufacturing products using a patented design;

(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.

Yes.  If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others

The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.

When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.

The Formality examination shall be conducted automatically within one (01) from the date of
entering into national phase with respect to the PCT applications. Substantive examination shall
only be taken under the request and last for 18 months from the request date or publication date,
whichever is later.

Yes, it is possible. In addition to the amendments, the applicant must also submit the amendment
supports to prove that such amendments do not expand beyond the protection scope disclosed in
the original application. The applicant can simply indicate the page/line numbers in the
description of the original PCT application which contain the information supporting the
amendments.

The Power of Attorney (POA) just needs to be signed. Notarization or legalisation is
unnecessary. The original signed POA must be submitted within 34 months from the earliest
priority date.

Minimum filing requirements shall include the following:
– written request made in the standard form;
– patent specification including description, claim set, abstract, drawing set/sequence list and
amendments (made under Article 19 PCT, Article 34 PCT, or even voluntary amendment if any)
made in Vietnamese language; and
– fee and charge receipt.
From the above, it is noteworthy that the Vietnamese translation of the specification must be
available at the filing date.

Normally it would take 3-4 years from the filing date to obtain a patent in Vietnam.

Vietnam follows the 31-month time limit for entering a Vietnamese national phase of a PCT
application.

According to Article 93.6 of the IP Law of Vietnam, the validity term of a Trademark Registration Certificate is 10 years from the regular filing date and can then be renewed indefinitely for consecutive periods of 10 years.

The trademark owner should use his trademark in Vietnam. The fact that the trademark has not been used by its owner or the licensee of the owner without proper reason for five (5) consecutive years prior to a request for termination of validity, except where use is commenced or resumed at least three (3) months before the request for termination, shall make the registered trademark’s validity to be vulnerable to the termination.

The trademark can be amended in such way that the amendment does not change the nature of the originally filed trademark. The list of goods and/or services can be amended in such way that the amendment does not go beyond the protection scope of the originally filed list of goods and/or services.

If the trademark application process goes smoothly, in theory, it would take a period of 12 months from the filing date to obtain a certificate of trademark registration in Vietnam, of which 01 month is for formality examination, 02 months are for data preparation for publication of the application and 09 months are for substantive examination and publication of trademark application. The actual period from filing until registration of a trademark application might be 24 months, or even longer, due to the backlog of the trademark examiners, or in case the application has a long list of goods and/or services.

The specimen of mark must meet the following requirements:
– Size: neither smaller than 8 mm x 8 mm nor larger than 8 cm x 8 cm
– Quantity: 05 additional reproductions (specimens)
– The specimens must clearly presented.

For a mark being a three-dimensional figure, the mark specimen must be accompanied with a photo or drawing showing the three-dimensional disposition and may be accompanied with a descriptive specimen in the projection form;

For a mark involving a claim for protection of colors, the mark specimen must be presented with the very colors sought to be protected. If the protection of colors is not claimed, the mark specimen must be in black and white.

Yes, it can. Single trademark application covering multi-classes is accepted with the provision that the official filing fee must be paid for each class.

All trademarks should be applied for and registered with the National Office of Intellectual Propery of Vietnam.

A well-known trademark, as defined by Article 4.20 of the IP Law of Vietnam, means a mark widely known by consumers throughout the territory of Vietnam.

According to Article 4.16 of the IP Law of Vietnam, a “mark” means any sign used to distinguish goods or services of different organizations or individuals. Such signs must be visible and may include letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.

The subject matters of inventions or utility solutions may be:

a) a device

b) a process

An invention is a technical solution that is distinguished by having worldwide novelty in terms of the present state of technological development and, involves inventive step and is applicable to various social and economic fields.

A utility solution