What can be patented in Vietnam? >> Any technical solution (in forms of articles, materials, or processes) that is new, inventive, and industrially applicable.
     
Can I get a patent on my software? >> Software as such is not qualified for patent protection; however, software-related inventions are possible. Software as such is protected under copyright law in Vietnam.
     
What types of patent are available in Vietnam? >> A patent for invention is granted if the technical solution meets the protection criteria of novel, inventiveness, and capability of industrial application. A patent of utility solution (petit patent) could be granted if a technical solution does not meet the required level of inventiveness but is not common knowledge.
     
How can I apply for patent protection in Vietnam? >> A foreigner (being an individual or a legal entity, e.g., a corporation) may:
+ file a patent application with National Office of Intellectual Property of Vietnam (NOIP); or
+ file an international application under Patent Cooperation Treaty and enter the national phase of Vietnam within 31 months from the date of the international application (or priority date)
Either way, you need to involve a local IP agent for the filing and prosecution of your patent application before NOIP.
     
I have filed an international application under PCT. How do I enter the national phase of Vietnam? >> Basically, you need to file a patent application form together with a Vietnamese translation of the international application (with amendments, if any) with NOIP within the 31-months time limit.
     
What shall I prepare for filing my patent application with NOIP? >>
     
Can I file my patent application in English? >> No, you cannot. Vietnamese translation of patent specification, claims, and abstract needs to be submitted to NOIP. Some documents in English could be submitted to NOIP without the Vietnamese translation but NOIP reserves its right to request for the Vietnamese translation.
     
What happen to my application in the national phase of Vietnam? >> Your patent application (and application for the entry into national phase of Vietnam) shall be subjected to formality examination, publication, and substantive examination (if requested within the applicable time limits of 42 months or 36 months.)
     
How long does a patent last? >> + A patent for invention lasts for 20 years from the filing date
+ A patent for utility solution lasts for 10 year from the filing date.
Annuity needs to be paid to keep a patent valid.
     
How can I enforce my patent in Vietnam? >> You can request an administrative authority (e.g., Science and Technology Inspectorates) to take action against an infringement. You may also initiate a lawsuit before a court. It is possible for you to request for an administrative action (to stop the infringement) and then initiate a lawsuit for the damages.
     
    FAQs are provided for general informational purposes only and may not be considered as advice or opinions in any circunstances or situations.