The laws relating to patents are regulated by the concept of “first to file” in Vietnam. The country distinguishes between patents and utility solution patents:
A patentee has the right to request the competent authorities to enforce his rights to patent against any infringement in compliance with the provisions of the IP Act and other applicable laws and regulations by means of administrative and civil action (articles 198 and 199) as provided by the Intellectual Property of Vietnam (the IP Law 2005, amended in 2009 and 2019). Any organization or individual supplying funds and material facilities to an inventor as part of a job assignment or hire assignment has the right to register the inventor’s invention. If an inventor has produced an invention directly for his own profit, he or she can register the invention.
The NOIP (National Office of Intellectual Property of Vietnam) is responsible for receiving and examining the patent application and for granting patents. Any matter, product, or method which by the application of natural law, addresses a specific technological problem is patentable which is outlines under Section 59 with exceptions such as:
Governed by Articles 86 and 89, an application can be made by any of the following people:
Documents required for Patent Registration (Article 100):
The application shall be examined within 1 month from the filing date (Article 119). The Examination is conducted in two ways:
Governed by Article 109 to verify the formal validity of the application, an examination process shall be conducted.
Governed by Article 119, 12 months from the date of publication of the invention, if a request for substantive examination is filed before the date of application publication; or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication.
The application for registration may be accepted with or without amendments until the notice of refusal by the State administrative authority. The applicant shall have the following rights:
Any amendment or supplement to an industrial property registration application must not expand the scope of the subject matter disclosed or specified in the application and must not change the substance of the subject matter claimed for registration in the application and shall ensure the unity of the application. Fee for amending applications, including for request of supplement, separation, assignment, change (per each amendment/ application): 120 thousand VND.
Governed by Article 117, refusal to register an application may be on the following grounds: