Patent Registration

1. What is a Patent?

A patent is a technical solution in the form of a product or process that solves a specific problem by applying natural laws.

2. Why Register a Patent?

Individuals and organizations invest significant effort, intellect, resources, and time into developing patents. Owning a patent provides a business advantage and can generate long-term financial benefits.

However, the exclusive right to a patent is only established through the registration process, and the scope of protection is defined in the patent document.

In the event of a dispute, the patent certificate is the sole evidence that proves the owner's exclusive right, without the need for additional evidence. During the patent protection period, the patent owner has the exclusive right to use, transfer, or assign the right to use the patent. Any third party that exploits the patent without the owner's permission will be considered to have infringed on the owner's rights and will be subject to legal penalties.

By exploiting and exclusively using the patent, the patent owner can recover their material and intellectual investments and profit from the exploitation of their creative.

The patent owner has the right to request that the competent state agency handle any infringements of their registered patent.

3. Conditions for Patent Registration

Individuals and organizations can apply for patent registration when meeting the following conditions:

The author created the invention using their own efforts and expenses.
An organization or individual invested funds and material resources for the author in the form of assignments or employment contracts (except when the parties have a different agreement that does not violate legal regulations).
For objects of protection jointly created or invested in by multiple organizations or individuals, all of those organizations and individuals have the right to register. However, registration can only be carried out if all organizations and individuals agree.
The invention is protected if it is created using the technical infrastructure and budget of the State.
To be granted a Patent for Invention, the object of protection must meet the following requirements: novelty, inventive step, and industrial applicability.
To be granted a Utility Solution Patent, the object of protection must meet the following requirements: novelty and industrial applicability.

4. Application File Contents:

To apply for patent registration, the application file must include the following documents and papers:

Patent Application Form - 02 copies;
Patent Description - 02 copies, including drawings (if any);
Request for Patent Protection - 02 copies;
Related documents (if any);
Proof of payment of fees.
Number of application files: 01 set

5. Procedures for Patent Registration in Vietnam

To register a patent in Vietnam, the applicant must follow these steps:

Step 1: Filing an Application

The applicant can file an application by mail or in person at the headquarters of the National Office of Intellectual Property (NOIP). The NOIP has its headquarters in Hanoi and two representative offices in Ho Chi Minh City and Da Nang.

Step 2: Formal Examination of the Application

After receiving the application, a NOIP officer will conduct a formal examination to verify its completeness. The officer will then make a determination on the legal validity of the application.

Based on the examination results, the NOIP will issue one of two notifications:

If the application is valid, the NOIP will issue a notification accepting the applicant's patent application.
If the application is invalid, the NOIP will issue a notification rejecting the application.

Step 3: Substantive Examination of the Application

Applications that have been accepted by the NOIP will undergo a substantive examination. To request a substantive examination, the applicant must submit a request to the NOIP. After receiving the request, the NOIP will conduct the examination by assessing the patentability of the subject matter claimed in the application against the following criteria:

Novelty
Inventiveness
Industrial applicability

Based on the substantive examination, the NOIP will determine the corresponding scope of protection.

6. Intellectual Property Protection in Vietnam: After the Examination Process

After reviewing the application content, the Intellectual Property Office (IPO) of Vietnam will issue one of two decisions:

Decision to Reject the Grant of a Protection Certificate:

If the subject matter of the application does not meet the requirements for protection, the IPO will issue a decision to reject the grant of a protection certificate.

Decision to Grant a Protection Certificate:

If the subject matter of the application meets all the requirements for protection and the applicant has paid all the required fees, the IPO will issue a protection certificate. The protected subject matter will be recorded in the National Register of Industrial Property and published in the Intellectual Property Gazette.

Processing Time:

Formal examination: 01 month from the filing date of the patent application;
Publication of the application: 18 months from the priority date or the 2nd month from the date of the request for substantive examination;
Substantive examination: 12 months from the date of the request for substantive examination or the date of publication.

Who Can Apply for the Procedure?

Organizations or individuals with inventions that they want to register for protection.

Which Authority is Responsible for the Procedure?

The Intellectual Property Office of Vietnam.

Outcomes of the Procedure:

Decision to grant or reject the grant of a protection certificate;
Patent Certificate or Utility Solution Certificate (for applications that receive a decision to grant a protection certificate).

For a quick and efficient procedure, saving time and reducing travel time, contact Thiên Di right away. We will help you simplify everything, provide dedicated consultation and save you time and money.

7. Additional services:

In addition to consulting on import license procedures for medical equipment, Thiên Di also offers a wide range of other services, including:

Business registration and licensing
Food safety certification
Cosmetic registration
Animal feed and aquatic feed registration
Intellectual property registration
Consulting on advertising permits
Consulting on Free Sale Certificates (CFS)
Health certificate application

8. Reasons to Choose Thiên Di's Services

Enthusiastic and timely customer support in all situations.
A team of professional, highly skilled, and experienced experts and staff.
Regular updates on new regulations and policies, and participation in professional training courses to improve professional qualifications and work experience.
High ability to withstand work pressure.
Enthusiastic and timely customer support in all situations.
Constant self-improvement and professional development to achieve absolute customer satisfaction.

9. Our Team

Human resources are the key to the success of every business. Therefore, Thiên Di always focuses on building and developing a professional, serious, and customer-friendly human resource team - that is the compass for our success over the past time.

Thiên Di provides services for trademark registration, product trademark registration, international trademark registration, business trademark registration, exclusive trademark registration, trademark protection, brand name registration, etc. in Vietnam. Currently, we provide this service in most provinces and cities across the country, completing the application and procedures on behalf of customers to submit the application to the state agency, so customers will not have to spend time doing administrative procedures.

Please contact Thiên Di Company immediately for the optimal and cost-saving solution.

Contact Info:

THIEN DI TRADING SERVICES COMPANY LIMITED

Address: No. 36 Street A4, Ward 12, Tan Binh District, Ho Chi Minh City

Hotline: 0981317075

Phone: 028.6293 9377

Email: info@luatthiendi.com