As the first and sole intellectual property agency set up in 1984 once after the establishment of National Office of Invention (currently known as National Office of Intellectual Property), VCCI - IP is proud to be the foremost practitioners of patent prosecution in Vietnam.
During about 30 years of patent practice, VCCI - IP commits to provide the best services in patent prosecution and enforcement. Our patent practitioners are of good knowledge of patent registration under Paris Convention and the PCT rules, and Vietnamese IP Law. They are not only patent attorneys but also engineers in various technical fields such as electrics, electronics, mechanics, information and communication, chemical and biological engineering, pharmaceutics and so forth, by which VCCI - IP enables to provide all legal and technical services in relation to registration and protection of inventions, including but not limited to the followings:
VCCI - IP has four patent departments specialized in particular technical fields:
In Vietnamese jurisdiction, an invention which is considered to be patentability should be a technical solution in the form of a product or a process, to resolve a specific problem by utilizing laws of nature given that it meets the following criteria:
In view of the definition of invention as a product or process, subject-matter "use", including "Use of new substance" or "Use in new function" of a known substance is not subject to patent as it is not considered to be a product or a process. As a solution, among others, an amendment of the claims of "Use of substance" into claims of "Substance for use in..." is generally formality accepted by the NOIP.
The object eligible for patent protection shall be granted a Patent for Invention, which is of validity from the grant date to the end of 20 years commencing from the filing date, given that the annuity is duly paid.
Like many other countries in the world, Vietnam excludes from patentability of subject matters as follows:
In addition, any invention that contravenes to the State's regulations, social morality, prejudice to public order or harmful to national defense and security is also non-patentable.
As a state party adhered to the Paris Convention and the Patent Cooperation Treaty, and a member of the World Trade Organization, Vietnam has made up its IP legal system in conformity with the Paris Convention, PCT and TRIPS Agreements. Accordingly, patent applications claiming priority rights under Paris Convention must be filed before the NOIP within 12 months from the first priority date, meanwhile time limit applicable for a PCT application to enter into the Vietnamese national phase is 31 months from the first priority date, applied for both Chapter I and Chapter II of the Treaty.
Late filing within 06 months after expiration of the prescribed time limit is allowable for Vietnamese national phase entry under PCT route, but no grace period available for filing a patent application under Paris Convention in Vietnam.
Utility solution may be considered as a “petty patent” in Vietnam. The formal certificate of protection thereof is so called “Patent for Utility solution”.
In terms of subject matters, unlike “utility model” which is normally given in other countries to a title of protection for certain inventions in the forms of articles or devices in the mechanical field, the utility solution in Vietnam is defined as a technical solution, any product or process as same as invention sought to be granted patent. However, it is less stringent in terms of protection requirements in which the following two criteria are taken into account in the process of examination to grant the Patent for utility solution:
The requirement for “inventive step” is not required for utility solution. The protection in the form of Patent for utility solution, to some extent, opens an opportunity to the patent application, which is rejected for the grant of Patent for invention for lacking the inventive step, to be convertible to a utility solution application for seeking protection.
A utility solution eligible for protection criteria will be granted a Patent for Utility Solution, which is of validity from the grant date to the end of 10 years counted from the filing date, given that the annuity is paid.
The time limit for filing a utility solution application is similar to time limit for filing a patent application.