GENERAL & FLOW CHART FOR OBTAINING A PATENT

  1. Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.
  2. General criteria for inventions to be granted a patent:

(a) It is novel;

(b) It is of an inventive nature;

(c) It is susceptible of industrial application.

  1. The time limit for filing a new application into Vietnam national phase for:

(a) a PCT application is 31 months from the international filing date or the priority date, if any.

(b) a application under Paris convention is 12 months from the priority date.

  1. Time frame for:

     (a) the process of preliminary examination is within 01 month from filing date;

    (b) the process of substantive examination is within 18 months from publication date or the date of filing request, whichever is later.

  1. The patent application shall be published in 19th months from the priority date or the filing date in case the application has no the priority date or within 02 months after it is accepted, whichever is later;

     The patent application under PCT shall be published within 02 months from the date it is accepted;

The patent application containing a request for earlier publication shall be published within 02 months from the date the IP office receives that request or the date it is accepted, whichever is later

  1. A request for substantive examination for:

(a) a invention is within 42 months from the priority date;

(b) an utility solution is within 36 month from the priority date.

The time limit for filing a request for substantive examination may be prolonged for plausible reasons but must not exceed 6 months.

  1. The term of validity for a patent of invention is 20 years counted from the legitimate filing date. This term for a patent of utility solution is 10 years counted from the legitimate filing date.

The validity of a patent has to be maintained annually.

  1. Objects ineligible for protection as inventions:

(a). Scientific discoveries or theories, mathematical methods.

(b). Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.

(c). Presentations of information.

(d). Solutions of aesthetic characteristics only.

(e). Plant varieties, animal breeds.

(f). Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.

(g). Human and animal disease prevention methods, diagnostic and treatment methods.