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Overview of Patent Types: Invention vs. Utility Solution
In Vietnam, two main types of patents can be pursued: invention patents and utility solution patents. An invention patent is granted for a novel and inventive technical solution in any field, which can be a product or a process that solves a specific problem using natural laws. It offers protection for 20 years from the filing date. On the other hand, a utility solution patent, also known as a utility model, is similar to an invention patent but generally involves less stringent novelty and inventive step requirements. It provides protection for 10 years from the filing date.
Application Requirements
Before filing, it is advisable to conduct a novelty search to ensure the invention is new and has not been disclosed in any prior art. The essential documents for a patent application include:
- Description of the invention: This includes detailed information about the invention, how it works, and its advantages.
- Claims: These define the scope of protection sought.
- Abstract: A brief summary of the invention.
- Drawings: If necessary, to illustrate the invention.
- Priority Documents: If claiming priority from an earlier application.
- Power of Attorney: If filing through a representative
Submission Process
Step 1: Preparing and Filing the Application
Submit the patent application to the National Office of Intellectual Property of Vietnam (NOIP). This must include all required documents and a filing fee. For foreign applicants, a local patent agent must be used.
Step 2: Formality Examination
The NOIP conducts a formal examination within 1-2 months to check if the application complies with the procedural requirements. Any deficiencies will need to be corrected within a specified timeframe.
Step 3: Publication
The patent application is published in the Industrial Property Gazette 19 months after the filing date or priority date. Early publication can be requested and is usually completed within two months from acceptance.
Step 4: Substantive Examination
A request for substantive examination must be filed within 42 months for invention patents and 36 months for utility solution patents from the filing date. The substantive examination, which assesses the patentability of the invention, typically takes about 18 months from the request date.
Step 5: Responding to Office Actions
If the NOIP raises any objections during the examination, the applicant must respond within the given deadlines. This may involve providing additional information or amending the application.
Step 6: Granting of Patent
Upon successful examination, the NOIP issues a Notice of Intention to Grant. The applicant must then pay the grant fee and the first annual maintenance fee. The patent is then officially granted and published.
Expected Duration
The entire patent application process in Vietnam can be quite lengthy. From filing to granting, it may take approximately 36-42 months or even longer, depending on various factors including the complexity of the invention and the workload of the NOIP.
Maintenance of Patent
To maintain the patent’s validity, annual maintenance fees must be paid. Failure to do so can result in the loss of patent rights. This applies equally to both invention patents and utility solution patents.
Navigating the patent application process in Vietnam requires careful preparation and adherence to specific procedural steps. Engaging a qualified patent agent can significantly streamline the process, ensuring that all requirements are met and deadlines are adhered to, thus maximizing the chances of successful patent registration.
