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Vietnamese
Patents
Sources
of Legislation
- The
Socialist Republic of Vietnam (S.R.V.) acceded to the Stockholm
Convention Establishing the World Intellectual Property Organization
of July 2, 1976, the Paris Convention for the Protection of
Industrial Property of March 8, 1949, and the Patent Cooperation
Treaty (PCT) of March 10, 1993.
- The
Civil Code, which took effect on July 1, 1996, replaced the
old law and regulations on industrial property in Vietnam, among
other laws.
- Decree
63/CP, which took effect on October 24, 1996, provides detailed
regulations and guidelines for implementing the provisions of
the Civil Code on industrial property.
- Circular
No. 3055/TT-SHCN, which was promulgated by the Ministry of Science,
Technology and Environment on December 31, 1996 and took effect
on January 15, 1997, provides detailed guidelines on industrial
property application procedures.
Definitions
An
"invention" is a technical solution which is novel when
compared to the current level of technology worldwide, involves
an inventive step, and is applicable to the socioeconomic fields.
A
"utility solution" is a technical solution which is
novel when compared to the current level of technology worldwide
and is applicable to the socioeconomic fields. The difference
between invention and utility solution is that the latter does
not have to involve an inventive step.
An
"industrial design" is a product shape represented by
lines, forms, colors, or a combination thereof, which is new worldwide
and can serve as a model in the manufacture of industrial products
or handicrafts.
Instruction
Notes
General:
All documents required for filing an application must be translated
into Vietnamese.
Patents
and Utility Solutions:
- To
file ordinary and Paris Convention applications, the following
information and documents are required:
- Names, addresses and nationalities of the applicant and
inventor(s)
- Name
and class of the invention as per international classification.
- Specification,
abstract and claim in English or French (3 copies).
- Drawings,
diagrams and calculations illustrating the invention, if
necessary (3 copies).
- Notarized
Power of Attorney (POA) (1 copy). A notarized POA (or at
least a faxed copy of it) must be filed simultaneously with
the patent application. If a faxed copy is filed, the original
POA should be submitted within 3 months of the filing date.
- Notarized
Deed of Assignment (DOA) of inventor's right, if any (1
copy). A notarized DOA (or at least a faxed copy of it)
must be filed simultaneously with the patent application.
If a faxed copy is filed, the original DOA should be submitted
within 3 months of the filing date.
- Notarized
Deed of Assignment of Priority, if any (1 copy). If the
applicant listed in the application is not the same as the
applicant listed in the priority document, then a DOA of
Priority must also be filed.
- Certified
copy of Priority Document, for convention priority claim
(1 copy).
- To
file Patent Cooperation Treaty (PCT) applications entering into
Vietnam, the following information and documents are required:
- Names,
addresses and nationalities of the applicant and inventor(s).
- Name
and class of the invention as per international classification.
- Specification,
abstract and claim in English or French (3 copies).
- Drawings,
diagrams and calculations illustrating the invention, if
necessary (3 copies).
- Notarized
Power of Attorney (1 copy).
- Notarized
Deed of Assignment of Priority, if any (1 copy). If the
applicant listed in the application is not the same as the
applicant listed in the priority document, then a DOA of
Priority must also be filed.
- Certified
copy of Priority Document, for convention priority claim
(1 copy).
Note:
Where Vietnam is the designated country--application
must be filed within 21 months of the priority date. Where
Vietnam is the elected country--application
must be filed within 31 months of the priority date.
A
patent shall enjoy protection from the date the decision
to grant the patent was issued.
The
term of protection for a patent shall be 20 years from
the filing date of application.
The
term of protection for a utility solution shall be 10
years from the filing date of application.
Multiple
Applications: A copy of the POA is acceptable provided
the applicant indicates the filing number of the application
which the original POA accompanied.
Certificate
of Industrial Design: To file an application
for a certificate of industrial design, the following information
and documents are required:
- Names,
addresses and nationalities of the applicant and creator(s).
- Name
of the industrial design.
- Description
of the industrial design in English or French (3 copies).
- Photographs
and/or drawings of the industrial design (7 sets).
- Certificate
of contribution of each joint creator if the industrial design
is attributable to more than one creator (1 copy).
- Attestation
of successor title if the application is filed by the successor
in the title (1 copy).
- Notarized
Power of Attorney (1 copy).
- Notarized
Deed of Assignment, if any (1 copy).
- Certified
copy of Priority document, for convention priority claim (1
copy).
- Certificate
of exhibition organizer, for exhibition priority claim (1 copy).
The
term of protection for an industrial design shall be 5 years
from the filing date of application and may be extended for
two 5-year periods.
- Services
Offered by Tilleke & Gibbins via Bangkok Office
-
- Registration/Renewal
- Appeals
- Assignment
- Interview with Examiners
- Amendments
- License Contract
- Search
- Duplication
- Suspension
- Other Services
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated
April 1, 2001)
ŠTilleke
& Gibbins, Bangkok, Thailand
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