With the rapid development of Vietnam’s manufacturing, technology industry and innovation ecosystem , protecting intellectual property rights, especially through patent applications, has become one of the key strategies to gain a foothold and develop in the Vietnamese market. Patent applications in Vietnam not only provide innovators with legal protection, but also open the way to establish competitive advantages, attract investment and promote technological cooperation in this dynamic market for enterprises.

However, Vietnam’s patent process can become complicated and unfamiliar to many businesses and individuals entering the Vietnamese market for the first time. This article aims to provide readers with a comprehensive and detailed guide to patent application in Vietnam, focusing on the two most concerning aspects of application time and cost. We will delve into each stage of the entire application process, from preparation to final patent certificate, and organize a complete timeline for patent applications. At the same time, various expenses that may be incurred during the entire application process, including official fees, agency fees, translation fees, etc., are discussed to help applicants better plan their budgets.

In addition, this article shares some valuable suggestions from practice, such as how to optimize application strategies, how to choose a suitable patent agency, and how to control costs while ensuring application quality. Through case studies and FAQs, we hope to provide shocked readers with more insightful and practical references. Whether you are an entrepreneur who is considering expanding your business to Vietnam, or a company that has been working in the Vietnamese market for many years, this article aims to provide valuable guidance and insights on your patent application journey and help you innovate in Vietnam. Take your career to the next level.

Overview of Vietnam patent application process

Patent application in Vietnam is a multi-stage process, each stage has its specific requirements and importance. The first is the application preparation stage, which is the basis of the entire process. At this stage, the applicant needs to carefully prepare the patent specification, claim text, abstract and necessary drawings. If the original document is not in Vietnamese, a Vietnamese translation will also need to be prepared. The quality of this stage directly affects the smoothness of the subsequent review, so it is recommended that applicants invest sufficient time and energy to ensure the discrepancy and accuracy of the documents.

Next is the application submission stage. Applicants need to submit all documents to the National Intellectual Property Office of Vietnam (NOIP) and pay the prescribed application fee. It is worth noting that NOIP accepts electronic submissions, which can greatly simplify the process and save time. After submission, the NOIP will give an application number and application date. This date is very important in determining the subsequent patent protection period.

After submission, the application enters the formal review stage. NOIP conducts a preliminary review of application documents to ensure that all necessary documents have been submitted and meet legal formal requirements. If any problems are found, NOIP will issue a correction notice, and the applicant needs to make modifications or additions within the specified time period. After passing the formal review, the application will be formally accepted.

NOIP incorporates the patent into the disclosure 18 months after the filing date or priority date. Disclosure is an important node in the patent application process. It allows the public to understand the invention and also allows the applicant to obtain provisional patent protection.

After being made public, the application enters the physical review stage. This is the most complex and operational stage of the entire process. The examiner will scrutinize the novelty, inventiveness and practicality of the invention. If the examiner finds any problems, he or she will issue an examination opinion, and the applicant needs to respond within a specified period. There may be multiple rounds of communication at this stage until the examiner confirms that the invention meets the conditions for authorization, or the applicant decides to abandon the application.

If the invention passes the substantive examination, the NOIP will make an authorization decision. Applicants need to pay the authorization fee within the specified period after receiving the authorization decision.

Finally, after the applicant raises the authorization fee, NOIP will issue a patent certificate, marking the successful conclusion of the entire application process. From this moment on, the patentee has obtained the patent rights in Vietnam and can enforce the patent rights in accordance with the law and prohibit others from using the invention.

It should be emphasized that the time from filing to granting a patent application is usually between 2-4 years, depending on the complexity of the invention and the smoothness of the examination process. In some cases, this process may be shorter or longer . Applicants need to be patient and actively cooperate with NOIP requirements throughout the process. At the same time, it is recommended that applicants hire experienced patent attorneys who can provide professional guidance throughout the entire process and improve the success rate of the application.

Patent application timeline

The timeline of patent application in Vietnam is a complex and dynamic process, and each stage has its specific time requirements and influencing factors. Let’s start with the application preparation stages and dive into the details of each stage.

The application preparation phase usually takes 1-2 months, but may take longer for complex inventions. At this stage, the applicant needs to prepare a detailed description, including the technical background of the invention, specific implementation methods, and clear claims. If the invention involves the field of chemistry or biotechnology, experimental data and charts may also need to be prepared, which may require preparation of The time is extended to 3-4 months. Additionally, if the original document is not in Vietnamese, the translation process may take an additional 2-4 weeks to complete. High-quality translation is critical for subsequent review, so there is no need to rush this step.

After submitting an application, the Vietnam National Office of Intellectual Property (NOIP) will usually assign an application number within 2-4 weeks. However, in the short term, this process may extend to 6 weeks. It’s worth noting that electronic filing can speed up the process. Once an application number is received, applicants can begin tracking the status of their application.

The formal review stage takes 2-3 months on average. At this stage, NOIP carefully checks that the application documents meet all benchmark requirements. If any problems are found, such as incomplete or incorrectly formatted files, NOIP will issue a correction notice. Applicants usually have 2 months to respond to these notices. If multiple corrections are needed, this stage may be extended to 4-6 months. Therefore, ensuring that the final submitted document is of high quality can significantly save time throughout this stage.

The disclosure period is a fixed period of 18 months, starting from the filing date or priority date (if there is one). However, applicants may request earlier disclosure. If early disclosure is chosen, the process may take place 3-6 days after filing. Early disclosure may be beneficial to some applicants, especially those who wish to expedite their access to temporary protection rights.

The substantive examination stage is the most unpredictable part of the entire process. Generally, this stage takes 12-24 months, but for complex inventions it may extend to 36 months or longer. Factors affecting the time of this stage include the complexity of the technical field, the workload of the examiner, and the speed and quality of the applicant’s response to the examination opinions. For example, in rapidly evolving technology fields (such as artificial intelligence or biotechnology), the review may take longer because the examiner may need to conduct a more extensive search of prior technology.

At this stage, the NOIP usually issues 1-3 revised review action notices. After each notification, applicants have 2-3 months to respond. Applicants can request an extension if the idea needs to be pursued or additional experimental data provided, but this will further lengthen the entire process. Therefore, applicants strive to resolve all issues in the first response to reduce the number of correspondence.

Once the substantive review is passed, the NOIP will usually issue an authorization decision within 1-2 months. After that, the applicant has 3 months to recover the authorization fee. It is recommended to pay the fee in advance, because only after the fee is paid, NOIP will start preparing the patent certificate. The issuance of the patent certificate is usually completed within 1-2 months after the fee is paid.

To speed up the application process, applicants can adopt several strategies. First, consider using NOIP’s priority review process. This type of procedure applies to certain types of inventions, such as those that have a significant impact on the national economy or public health. With priority review, the entire process may last 18-24 months.

Another strategy is to utilize the Patent Prosecution Highway (PPH) protocol. If the applicant’s invention has been patented in certain countries (such as Japan or South Korea), the applicant can request NOIP to expedite the examination process. This may extend the physical review phase to 6-12 months.

In addition, getting familiar with a Vietnamese patent attorney with extensive experience is also an effective strategy. An attorney familiar with NOIP practices can help optimize application documents and respond to review comments more effectively, thereby speeding up the entire process. They can also leverage their good relationship with NOIP to provide balanced communication during emergencies and resolve potential issues.

The applicant’s own active cooperation is also important. Replying to all notifications quickly and providing comprehensive and detailed responses can significantly reduce interruptions. In some cases, applicants may even meet with the examiner, either individually or through an attorney, to have complex technical issues addressed.

Overall, although the patent application process in Vietnam takes an average of 2-4 years, with proposed planning and proactive management, it is possible to make this time sustainable. Understanding the characteristics of each stage, anticipating possible challenges, and formulating corresponding strategies can help applicants protect their intellectual property rights in the Vietnamese market more effectively.

Patent application cost analysis

Let’s analyze together the various expenses that may be incurred during the patent application process in Vietnam to help applicants make wise financial planning.

First, let’s look at the official fees, which are paid directly to the National Office of Intellectual Property of Vietnam (NOIP). Application fees typically range from 3,525,000 – 4,700,000 Vietnamese Dong (VND), depending on the number of pages and rights in the application. The fee may be higher for applications containing a large number of diagrams or complex technology. The disclosure fee is relatively fixed at approximately 1,175,000 VND. Note that if the applicant requests early disclosure, additional fees may be required.

The substantive examination request fee is another important official fee, usually between VND 4,700,000 – 5,875,000. This fee must be levied within 42 months of submission, otherwise the application will be considered withdrawn. For certain technical fields (such as biotechnology or complex electronic devices), substantive examination fees may be higher. Finally, once the application is approved, an authorization fee of approximately 2,350,000 VND needs to be paid.

Next is the agency fee, which is probably the biggest expense in the entire process. The fees for application preparation and filing typically range from VND 23,500,000 – VND 47,000,000, but may be higher for complex inventions. This fee includes the writing of patent specifications, formulation of application strategies, and preliminary communication with NOIP. During the review process, the cost of responding to review comments is approximately between 11,750,000 and 23,500,000 VND each time. This fee may increase significantly if a response needs to be completed or revisions made.

For patent applications in non-Vietnamese languages, translation fees are upfront. Translation fees are usually calculated based on the number of words, ranging from approximately 500-1000 VND/word. For a standard patent application, translation costs may range between 11,750,000 – 23,500,000 VND. However, for applications involving complex technical terms, the cost may be higher, sometimes reaching 35,250,000 VND or more.

Annual fees are an important expense to maintain the remaining value of a patent. Starting from the second year, annual fees need to be paid every year, and the amount increases year by year. The annual fee for the second year is approximately VND 1,175,000, but later in the patent period, the annual fee may be as high as VND 7,050,000 or more. It is worth noting that if you apply for a patent at the same time, you may receive a certain annual fee discount.

In addition to the main charges, there may be some other charges. For example, if you need to apply for priority, you may need to pay a priority document preparation fee, which is usually between 2,350,000 – 4,700,000 VND. If the above experimental data or supplementary materials are required to be submitted during the review process, additional document preparation and submission fees may be incurred. Additionally, if you choose to expedite the review process, additional expedited fees may apply.

It’s worth mentioning that there may also be some indirect costs incurred throughout the application process. For example, if expert witnesses are required to support the application, expert fees may be payable. If the application involves multiple inventors or multiple applicants, expert fees may be required. Additional coordination and legal fees.

The total cost of applying for and maintaining a patent in Vietnam can range from VND 117,500,000 – 235,000,000, or even higher. However, this cost can be optimized through proposed planning and management. For example, being well prepared in advance can reduce the need for work later, thereby lowering agency fees. Although the upfront cost of choosing an experienced patent attorney may be higher, it may result in long-term cost savings by increasing the success rate of amendment applications and reducing unnecessary correspondence.

Applicants should also consider weighing the costs of patent application against the potential commercial benefits. In some cases, it may be worthwhile to invest in more comprehensive patent protection; in other cases, it may be necessary to seek alternative forms of intellectual property protection, such as utility model or trade secret protection.

Special considerations for patent applications in Vietnam

When applying for a patent in Vietnam, there are several special factors that applicants need to pay attention to. These factors not only affect the success rate of the application, but may also have an impact on the entire intellectual property protection strategy.

First, localization strategy plays a key role in Vietnamese patents. Vietnam is a rapidly growing market, but its business and legal environment has its own unique characteristics. When applying, applicants should consider hiring local patent agents who are familiar with the Vietnamese market and legal system. These professionals can not only provide language support, but more importantly, they understand the specific requirements and examination practices of the National Intellectual Property Office of Vietnam (NOIP). For example, Vietnamese examiners may have specific examination standards for certain technical areas, and a local agent can help tailor the strategy to meet those requirements. In addition, taking into account Vietnam’s technological development priorities and market needs, the patent specification and claims may need to be appropriately adjusted to increase the chances of obtaining authorization and enhance the local value of the patent.

Secondly, priority filing is another important strategic consideration. Vietnam is the applicant in Paris, so the applicant is allowed to file a priority application in Vietnam within 12 months from the date of first filing. This provides applicants with a valuable window of time to assess the commercial potential of their inventions and adjust their filing strategy if necessary. However, it is important to note that Vietnam may have stricter requirements for priority documents than other countries. For example, Vietnam may require a notarized translation of the priority document, which may require additional time and cost. Applicants should plan ahead to ensure they can submit all necessary documents within the required deadlines.

Third, it is key to pay close attention to the latest updates to Vietnam’s patent laws. Vietnam is constantly improving its intellectual property legal system to adapt to international standards and domestic development needs. For example, Vietnam has revised its Intellectual Property Law in recent years, introducing new provisions aimed at strengthening patent protection and simplifying application procedures. These include extending the protection period of pharmaceutical patents, introducing a patent linkage system, and improving patent examination procedures. Applicants should maintain close communication with their legal advisors to stay informed of these changes and adjust their application strategies accordingly.

Finally, it is also important to understand the main differences between Vietnam’s patent application process and other countries. One significant difference is that Vietnam adopts a “first to file” principle rather than a “first to invent” principle like the United States. This means that in Vietnam, whoever files the application first may obtain patent rights, regardless of who completes the invention first. Another difference is that Vietnam’s physical examination request period is relatively short, and the applicant has 42 months to decide whether to proceed with physical examination. This gives applicants more time to assess the commercial value of their invention.

Additionally, Vietnam’s patent application process can be more demanding than some. Applicants should plan for the long term and consider using the expedited review process if eligible. Vietnam also has some special requirements. For example, for inventions involving genetic resources, a description of the source of the resource may be required.

Vietnam has special regulations for certain types of inventions. For example, computer software by itself is generally not considered patentable subject matter, but if the software is combined with hardware to produce a technical effect, it may obtain patent protection. Likewise, there are strict limitations on patent protection for medical methods.

Another important difference is that Vietnam’s patent documentation requirements are relatively strict. For example, the description must be sufficiently detailed to enable some person skilled in the art to practice the invention. This may require more compelling technical descriptions and implementations than in other countries.

Finally, Vietnam’s patent enforcement environment also has its own particularities. While the legal framework continues to improve, practical implementation may face challenges. Therefore, applicants should consider patent protection and other forms of IP protection (such as trademark and trade secret protection), as well as possible enforcement strategies, when formulating an IP strategy.

In general, applying for a patent in Vietnam requires comprehensive consideration of multiple aspects such as localization strategy, priority, legal updates, and procedural differences. By gaining an in-depth understanding of these special considerations and working with experienced local professionals, applicants can develop more effective patent application and protection strategies to better protect and exploit their innovations in Vietnam, a market full of opportunities.

suggestion

Applying for a patent in Vietnam is a complex and complicated process that requires careful planning and strategy. Below are some key recommendations that can help applicants manage the patent application process more efficiently, improve success rates, and optimize resource utilization.

First, the importance of planning ahead cannot be overstated. The patent application process in Vietnam takes several years, so preparations may be key as early as possible. It is recommended that applicants start considering patent protection strategies at the early stage of research and development. This includes conducting a comprehensive upfront technology search to assess the patentability of the invention and determining the best time to file. Planning ahead also gives applicants enough time to prepare high-quality application documents that are critical to passing the review successfully. In addition, planning ahead can help applicants make better use of the priority system and apply for patent protection in multiple countries when necessary. Applicants are advised to develop a detailed schedule that organizes each stage from preparation of application to potential authorization and allocates sufficient time and resources to each stage. This harsh approach minimizes possible developmental issues and baselines.

Secondly, the quality priority strategy plays a decisive role in patent applications. A high-quality patent application not only improves the elements for obtaining a grant, but also ensures that a patent is obtained that is of sufficient strength and scope to effectively protect the invention. The quality of application documents directly affects the smoothness of the review process and the scope of authorization. Therefore, applicants are advised to invest the time and resources to prepare a comprehensive, phonetic, and technically accurate specification and claims. Especially for complex technologies, experts from multiple fields may be required to participate in the writing of application documents. High-quality applications should also include sufficient examples and data support to prove the novelty and creativity of the invention. In addition, applicants should carefully consider the claim strategy to ensure that the claims can provide broad protection at the same time in order to pass the examination. Quality priority not only applies to the initial application. In the subsequent review process, high-quality responses to review comments are equally important, which can speed up the review process and increase the possibility of authorization.

Cost control is another aspect that needs careful consideration during the application process. While patents do require considerable investment, there are several ways to optimize. First of all, applicants can divide the application stage strategy, first submit a basic application, and then secondly, they can make use of Vietnam’s utility model patent system. For some inventions with relatively complete technological progress or innovation level, utility model patents may be a more economical Furthermore, applicants should carefully evaluate the commercial value of each invention and prioritize patenting the inventions with the greatest potential. In terms of translation, you can consider using professional technical translation services. Although the upfront cost may be higher, it can reduce subsequent problems and additional expenses caused by improper translation. In addition, taking full advantage of electronic systems can save some administrative costs. Finally, establishing a long-term relationship with an experienced patent attorney may result in better rates and more efficient service.

Choosing the right patent agency is the most critical decision in the entire process. An excellent agency can not only provide professional legal and technical advice, but also help applicants formulate the best application strategies and improve the success rate of applications. When choosing an agency, you should consider the following factors: First, the agency should Have good characteristics and rich experience in Vietnam, especially in the applicant’s technical field. Secondly, the agency should be familiar with the practices and programs of the Vietnam State Intellectual Property Office and have the ability to communicate effectively with examiners. Furthermore, the agency should be able to provide comprehensive services, including application preparation, response to office actions, patent maintenance, and possibly even patent litigation support. Additionally, the agency’s language skills are also important and they should be fluent in Vietnamese, English, and possibly the applicant’s native language. Applicants are advised to conduct initial communications with multiple agencies to compare their expertise, scope of services, and fee structures before making a choice. A good agency should be able to understand the applicant’s business objectives and provide customized advice and services.

A successful Vietnam patent application strategy requires comprehensive consideration of multiple aspects such as advance planning, quality priority, cost control, and selecting the right agency. By carefully considering these recommendations and developing a comprehensive patent strategy, applicants can maximize their chances of obtaining effective patent protection in Vietnam and better protect and exploit their innovations in this rapidly evolving market. Remember, patent protection is a long-term investment that requires ongoing attention and management, but if done well, can provide a company with significant competitive advantages and economic returns.

case study

Case studies are an important way to understand patent application practices in Vietnam, and they provide us with valuable practical experience and insights. Let’s delve into some examples of foreign companies successfully applying for patents in Vietnam and draw out key lessons.

First, let’s look at the case of a multinational technology company from the United States. The company has developed an innovative energy management system in the smart home sector. When deciding to enter the Vietnamese market, they realized the importance of intellectual property protection. An international patent agency with extensive experience in Vietnam was selected for consideration and worked with local technical experts to ensure that the application documents fully understood Vietnam’s specific conditions. They particularly noted Vietnam’s emphasis on energy efficiency, so the application highlighted how the system could adapt to Vietnam’s grid characteristics and user habits. This localization strategy proved to be very successful, not only quickly obtaining patent authorization, but also laying a solid foundation for the company’s expansion in the Vietnamese market.

Another noteworthy case comes from a Japanese pharmaceutical company. The company has developed a new drug to treat tropical diseases, which has great market potential in Vietnam. Taking into account Vietnam’s special policy on inventions in the public health field, the company adopted a proactive policy. They not only submitted detailed clinical trial data, but also proactively proposed plans for further clinical trials in Vietnam. In addition, the company also expressed its willingness to consider local production of the drug in Vietnam after obtaining the patent. This method not only speeded up the review process, but also won the favor of the Vietnamese government. In the end, the company not only successfully obtained the patent, but also established a good relationship with the Vietnamese health department, paving the way for future business development.

The third case involves a German engineering company that has made important breakthroughs in water treatment technology. During the application process, the company encountered several challenges, particularly in explaining the innovative nature of the technology. The Vietnamese examiner was initially convinced by the novelty of the technology. Faced with this situation, the company did not lose heart and quickly organized a team of technical experts, patent attorneys and local consultants. They analyzed the examiner’s opinions in detail, prepared adequate technical descriptions and comparative data, and arranged persuasive meetings with the examiner. Through patient explanations and demonstrations, the company finally succeeded in convincing the examiner and obtained patent authorization. Although this process took a short time, the final scope of patent protection was very comprehensive, providing disabled support for the company’s long-term development in Vietnam.

From these cases, we can draw several important lessons. First of all, the importance of localization strategy cannot be ignored. Whether it’s adapting technology to suit local needs or Vietnam’s specific policies and priorities, significantly increasing demand. Secondly, choosing the right patent agency and building a multidisciplinary team is crucial. An experienced attorney not only understands the legal process in Vietnam, but can also provide valuable strategic advice.

Another key lesson is the emphasis on patience and perseverance. Patent application is an in-depth process and may encounter various challenges. Maintaining a proactive attitude, responding promptly to review comments, and being prepared to engage in in-depth communication with the reviewer are all key factors to success. Additionally, these cases highlight the importance of thorough preparation. Whether providing detailed technical data or considering wider business and social implications, increased persuasiveness is required.

Finally, these cases highlight the importance of integrating patent strategy with broader business plans. Whether it is committing to local production or proposing further research plans, it shows the company’s long-term commitment to the Vietnamese market, which often receives a positive response from relevant local authorities.

The presentation of these cases in Vietnamese patent applications requires not only technical and legal expertise, but also cultural disposition, strategic thinking and long-term vision to succeed. By carefully studying these cases, companies can better prepare their patent application strategies and improve their chances of obtaining effective IP protection in the Vietnamese market. Remember that behind every successful patent application there is a planned and executed strategy, often based on a deep understanding and analysis of previous cases.

FAQ

Frequently Asked Questions About the Application Process

Q1 : Who can apply for a patent in Vietnam?

A1 : Any individual, organization or enterprise, whether local or foreign, can apply for a patent in Vietnam. Foreign applicants usually need to submit through a patent application agent registered in Vietnam.

Q2 : What kind of patent system does Vietnam adopt?

A2 : Vietnam adopts a “first-to-file” system, which means that when multiple applicants apply for the same invention, the person who files the application first is entitled to the patent.

Q3 : What are the main documents required for patent application in Vietnam?

A3 : The main documents include application form, description of invention, claims, abstract and necessary drawings. If the applicant is a foreigner, a power of attorney is also required. All non-Vietnamese documents need to be translated into Vietnamese.

Q4 : Can I apply for a utility model patent in Vietnam?

A4 : Yes, Vietnam has a utility model patent system. The examination procedure for utility model patents is usually simpler and faster than that for invention patents.

Q5 : If I need to modify the application documents during the application process, are there any restrictions?

A5 : It shall not exceed the scope disclosed in the original application documents. Opportunities for amendment are generally more restricted at the substantive examination level than at the formal examination level.

Q6 : What is the specific process of patent application in Vietnam?

A6 : The Vietnam patent application process is as follows:

Prepare application documents (including application form, specification, claims, abstract and drawings)

• Submit and pay the application fee
• Format review (about 2-3 months)
• Public (18 months from filing date or priority date)
• Submit a request for physical examination (within 42 months from the filing date or priority date)
• Physical review (12-24 months or longer)
• Authorization decision
• Licensing fee and first-year annual fee levied
• Grant patent certificate

Q7 : Does Vietnam allow the submission of provisional applications?

A7 : Vietnam currently does not have a temporary application system. Applicants need to submit a formal patent application directly.

Q8 : How to handle invention patent applications involving genetic resources?

A8 : For inventions involving genetic resources, the applicant needs to disclose the source and origin of the genetic resources. If Vietnamese genetic resources are used, legal proof of access to the resources may be required.

Q9 : Does Vietnam allow the submission of divisional applications?

A9 : Yes, Vietnam allows filing of divisional applications. A divisional application may be filed at any time before the original application is answered, but must not exceed the scope disclosed in the original application.

Q10 : Can software-related inventions be protected by patents in Vietnam?

A10 : Pure software is generally not considered patentable subject matter. However, if software combined with hardware achieves a technical effect, it may be eligible for patent protection. It is recommended to focus on technical solutions to problems.

Q11 : If the invention involves national security, are there any special regulations?

A11 : Inventions involving national security may be subject to special review procedures. In some cases, such inventions may be required to remain confidential or subject to foreign patent application restrictions.

Q12 : Does Vietnam recognize international patent applications (PCT applications)?

A12 : Yes, Vietnam is a PCT applicant. International applications can designate Vietnam when entering the national phase. The time limit for entering the national phase is 31 months from the priority date.

Frequently asked questions about costs

Q1 : What are the main fees for applying for a patent in Vietnam?

A1 : The main fees include application fee, disclosure fee, physical examination request fee, authorization fee, annual fee, and possible agency fees and translation fees.

Q2 : How is the patent annual fee calculated?

A2 : The annual fee will be paid starting from the first year after the patent is granted, and the amount will increase year by year. The specific amount can be found on the NOIP official website. It usually increases from about US$100 in the first year to US$300-400 in subsequent years.

Q3 : If the fee payment deadline is missed, are there any failure measures?

A3 : There is a 6-month grace period for most fees, but additional late fees will apply. For annual fees, late fees during the grace period are usually 10% of the regular fee.

Q4 : Is there any fee reduction policy for small and medium-sized enterprises or individual inventors?

A4 : Vietnam currently does not have a general exemption policy for small and medium-sized enterprises, but there may be preferential suggestions under certain special circumstances (such as inventions involving specific fields). Consult a NOIP or patent attorney.

Q5 : How much does translation cost?

A5 : Translation fees vary depending on the complexity of the document, usually between 500-1000 VND/word. The translation fee for a standard patent application may be around US$1,000-2,000.

Q6 : In addition to official fees, what potential hidden costs need to be considered?

A6 : Potential hidden costs may include:

• patent attorney
• Patent handling
• Reply to review comments
• Maintenance and monitoring
• Possible litigation or enforcement costs
• Costs associated with setting up a business entity in Vietnam (if applicable)

Q7 : How to list the total cost of the entire patent life cycle?

A7 : The total cost of a 20-year patent life cycle can be roughly summarized as follows:

• Application and authorization stage: approximately US$5,000-10,000 (including official and agency fees)
• Translation fee: approximately US$1,000-2,000
• Annual fee: cumulative approximately US$10,000-15,000 (20 years)
• Maintenance and monitoring costs: Depending on circumstances, this could range from $1,000-$2,000 per year, which could total around $30,000-$50,000, but actual costs can fluctuate significantly depending on circumstances.

Q8 : Does Vietnam offer installment payment options for patent fees?

A8 : NOIP generally does not offer installment options for official fees. But some fees, such as annual fees, can be paid annually instead of paying the entire fee at once.

Q9 : What are your options if you are unable to pay due to financial difficulties?

A9 : Although NOIP does not have a formal financial hardship relief policy, under special circumstances, you can try to communicate with NOIP to postpone the application for payment or relief. But sufficient reasons and supporting documents are required.

Q10 : What is the fee structure of a patent attorney?

A10 : The fee structure of a patent attorney usually includes:

• Fixed fee: basic services such as application preparation, submission, etc.
• Time-consuming: such as complex consultation, preparation, etc.
• Success fee: Some agents may charge additional fees after success. It is recommended to compare with multiple agencies to choose the fee structure that suits you.

Frequently asked questions about time

Q1 : How long does it usually take from filing an application to obtaining a patent?

A1 : This process usually takes 2 -5 years, but may vary depending on the technical area and the quality of the application. Simple cases may take 2-3 years to complete, while complex projects may take 5 years.

Q2 : How long does the physical review take?

A2 : Entity review is usually the most running stage of the entire process, taking an average of 12-24 months. Complex techniques may take longer.

Q3 : Is there a way to speed up the review?

A3 : Yes, NOIP provides expedited review services, but applicants need to meet specific conditions and pay additional fees. For example, inventions of national interest may be eligible for expedited examination.

Q4 : What is the deadline for submitting a request for physical examination?

A4 : The applicant must submit a request for physical examination within 42 months from the filing date or priority date (if any).

Q5 : What should I do if I miss a certain deadline, such as the deadline for responding to review opinions?

A5 : Most deadlines have the possibility of extension, but application needs to be made in advance and corresponding fees will be levied. Missing certain critical deadlines (such as the deadline for submitting a request for physical review) may result in the request being considered withdrawn.

Q6 : How long is the protection period after patent authorization?

A6 : The protection period for invention patents is 20 years from the date of application, and for utility model patents is 10 years.

Q7 : How long is the priority period?

A7 : Patent applications that have been filed in other countries enjoy a 12-month priority period in Vietnam.

Q8 : What are the main factors affecting patent examination time?

A8 : Main factors include:

• The complexity of this technology
• Quality and boundaries of application documents
• NOIP work orders
• The speed with which applicants respond to review comments
• Does it involve priority review?
• Whether there is leasing or whether there is leasing

Q9 : How long is the patent authorization time?

A9 : The following measures can be taken:

• Submit high-quality application documents
• Respond promptly to all official notifications
• Consider using the expedited review process (if eligible)
• Conduct a comprehensive patent search before filing to reduce potential objections
• Maintain active communication with the examiner and arrange interviews if necessary

Q10 : How to calculate the validity date of patent rights? Does it start from the date of application or the date of authorization?

A10 : The validity date of the patent right is calculated from the filing date, not the grant date. The invention patent right lasts for 20 years and the utility model right lasts for 10 years, both starting from the filing date.

Q11 : If the application fails to be submitted in Vietnam within the priority period, are there any failure measures?

A11 : If the 12-month priority period is missed, there are generally no immediate measures for failure. But in some cases, the following options may be considered:

• Rights and interests are unbalanced, request to restore rights (success rate is low)
• Resubmit your application, but may face innovative and creative challenges
• Consider other forms of intellectual property protection (such as trade secrets)

Q12 : What is the role of the temporary protection period after the patent application is published but before it is granted?

A12 : Within the validity period:

• Applicants can tip potential targets
• License negotiations can begin
• Once a patent is granted, damages can be awarded retroactively from the date of publication, but no action for damages can be brought until the patent is actually granted.

Q13 : Is there an opposition period after a patent is granted?

A13 : Vietnam’s patent law does not establish a post-grant opposition procedure. However, an unsatisfied third party can submit an invalidation request to NOIP.

Q14 : If a patent application is rejected, what is the appeal process?

A14 : The applicant may submit a review request to NOIP 90 days after receiving the rejection decision. If the review is still rejected, an administrative appeal can be filed with the Ministry of Science and Technology on the 60th. Finally, administrative proceedings can also be filed in court.