Vietnam's expanding manufacturing and IT sectors are attracting patent applications from overseas companies and research institutions. Growing interest from Korea, Japan, the US and Europe reflects its increasing role in global supply chains.
However, the Vietnamese patent system differs from other countries in procedure and manner of operation, which requires a good understanding of the pre-application system.
In this article, we will focus on frequently asked questions about Vietnam patent applications, ranging from application requirements to procedures, review periods, and quick review strategies using PPH (Patent Prosecution Highway) in Q&A format.
What documents do I need to file a patent application in Vietnam?
The following documents are required for patent applications in Vietnam:
First, basic information of the applicant and the inventor. Personal information such as name, address and nationality is required.
Second, you need to submit a patent specification. You can apply for a patent in English at the initial stage, but you must submit a Vietnamese translation to proceed with the review.
A power of attorney is also required. It generally does not need notarization or consular legalization. Check the applicable deadline for submitting the signed original with local counsel.
How does the application process work?
The Vietnam patent application process usually takes the following steps:
1. Formal examination
Formalities examination checks the documents and formal requirements. If these are met, a notice of acceptance is issued; otherwise, the applicant may be required to correct deficiencies.
2. Request for substantive examination
For an invention patent, substantive examination must generally be requested within 42 months from the filing date or, where applicable, the priority date.
Substantive examination is generally subject to an 18-month statutory period, although actual processing can take longer.
3. Notice of refusal or intention to grant
The examination result may be a notice of intended refusal or a notice of intention to grant.
If you have received a rejection, you can usually respond within three months by submitting a comment or correction.
4. Decision to grant
If the review result meets the patent requirements, the registration decision will be made, and the payment of the registration fee will be made.
5. Registration and issuance of patent
Once the registration fee has been paid, the patent will be registered and the patent will be issued within about three months.
How long is the Vietnam patent?
In Vietnam, the invention patent is retained for 20 years from the date of application, and the utility model is protected for 10 years from the date of application.
However, in order to maintain the rights, you need to pay annual fees. Please note that if you do not pay the annual fee on time, the patent or utility model rights may be lost.
Annual fees are calculated based on the date of application and are subject to payment from the first year.
What should I pay attention to when entering the national phase of PCT applications?
For a PCT application, the deadline for entering Vietnam's national phase is generally 31 months from the priority date, or the international filing date if no priority is claimed.
As a rule, it is important to take care of these deadlines because it is difficult to recover your rights.
In addition, international applications and translations are required to enter the national phase.
Can I use the PPH (Patent Prosecution Highway) system when applying in Vietnam?
In Vietnam patent applications, the Patent Prosecution Highway (PPH) scheme can be used to shorten the examination period.
The PPH can accelerate examination of an eligible corresponding Vietnamese application based on claims found patentable by a participating office, such as the Korean IP office, subject to the pilot program's conditions.
This can reduce the examination time, which can normally take two to three years, to around one year.
To apply for PPH in Vietnam, you must meet the following requirements:
- The Korean application contains claims found patentable or allowable.
- The Vietnamese and Korean applications meet the required relationship criteria.
- The PPH request is filed before substantive examination begins in Vietnam.
For PPH applications, the following documents are usually required.
- Relevant office actions from the Korean application
- Allowable claims and required translations
- Copies of cited documents, especially non-patent literature, and a claim correspondence table
- (Claim correspondence table)
The data, in particular, is very important. The correspondence between the patent claims in Korea and the patent claims in Vietnam must be clarified and the two applications must be substantially identical inventions.
Vietnam patent filing is not an overly complicated process in itself, but it is important to understand and proceed accurately with language requirements, deadline management, and cost structure.
Especially for Korean companies, the KIPO-Vietnam PPH system can be used to gain rights more quickly, which is a strategic advantage.
As the competition for technology in the Vietnamese market is expected to become more intense in the future, it is necessary to build an efficient patent portfolio through prior-art searches, appropriate application strategy, and utilization of PPH.
This article reflects the information available when it was published. Contact us to discuss your circumstances.