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- SOUTH AFRICA
COUNTRY : SOCIALIST REPUBLIC OF VIETNAM
CAPITAL : HANOI
LANGUAGE : VIETNAMESE
The Inntelectual Property Right office of Vietnam is known as the National Office of Intellectual Property of Vietnam NOIP.
INTERNATIONAL TREATIES TO WHICH VIETNAM IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
PATENT LEGISLATION IN VIETNAM:
- Vietnam follows the European style Civil Law system
- Patents in Vietnam are governed by:Industrial Property law 2005.
Patents in Vietnam may be granted by: National Office of Intellectual Property of Vietnam “NOIP”.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN VIETNAM:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN VIETNAM:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
PartityPatents through it’s associate Law Firms in Vietnam, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN VIETNAM:
- Nationality of the applicant.
- Name & Address of the applicant.
- Description of the invention.
- Title of the invention , Prior state of the art, & the Technical area of the invention.
- A Request for grant of patent
- Application & All of the documents to be filed in Vietnamese.
- Simple PoA without legalisation and notarisation
EXAMINATION OF THE PATENT APPLICATION IN VIETNAM:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal & material aspects.
- Upon receipt the application is examined for formalities compliances.
- Any objections, corrections, amendments are to be carried out by the applicant within stipulated period of time else, patent application is deemed abandoned.
- Patent application in compliance with formalities requisites is published in the gazette.
- Applicant to request substantive examination within prescribed period of time.
- Any objections forthcoming are to be addressed by the applicant within stipulated period of time.
- Any opposition from third parties are also to be addressed by the applicant.
- Patent application in compliance with all requisites, no opposition/objections forthcoming, patent application is registered and patent granted.
RIGHTS OF THE PATENTEE IN VIETNAM:
TERM AND KINDS OF PATENTS GRANTED IN VIETNAM:
Patents with a term of 20 yrs.
Utility patents with a term of 6 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patents confer to its holders or his successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN VIETNAM:
Compulsory Licenses may be granted by the President of the Council of Ministers of the Socialist Republic of Vietnam on a proposal by the State Committee for Science & Technology when interested organisations or enterprises express their interest to utilise such patents and under the following circumstances:
- Particularly, when important inventions are not utilised by the patentee.
- Patent utilisation does not meet requirements of the national economy and interested persons, organisations or enterprises that need to work the patent, have been unable to secure transfer of rights or licenses to utilize the invention from the patentee.
- Patentee found indulging in anti competitive practise
- When issues relating to national security, disease prevention, treatment and nutrition for people or other unforeseen circumstances relating to the larger good of the society are concerned.
- The organisations or enterprises so authorised shall pay the patentee a royalty by way of compensation / indemnification according to the decision of the State Committee for Science and Technology.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Vietnam can comprehensively assist you with Compulsory Licence matters.