Question: We are looking for a long-term cooperator regarding the patent issues in Vietnam.
Here are some questions, please help us to answer them.
1.Your quotations for design, utility and patent from filing to issuance in Vietnam with related annuity.
2.The procedure for filing and granting of a design, a utility and a patent.
3. Timeline for each step.
4.Required documents and info for a new filing of design, utility and a patent.
5.The procedure and the cost for assignment.
6.Anything to pay attention.
Answer:
Thank you for your interest in our IP service. Regarding the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the intellectual property registration proceeding in Vietnam as follows:
I-PATENT
PATENT REGISTRATION
- Procedure
a.Protection criteria:
A patent shall be eligible for protection in the form of the grant of a Patent for Invention or a Patent for Ultility solution when it satisfies the following conditions:
| Being novel | Being of an inventive step | Being susceptible of industrial application | |
| Patent for Invention | | | |
| Patent for Utility solution | | |
b. Validity of Patent for Invention:
Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.
Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.
c. Procedure and timeline:
A patent application will be examined through the following process:
| Time Frame | Content of examination | |
| Formality examination | 01-03 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents | The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Patent will issue the decision on the legitimate formality of the application. |
| Publication | Within 19 months from the filing date (if no request for early publication) | The application will be published on the Industrial Property Gazette. |
| Substantive examination | Within 18 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) | The protective criteria of the patent will be examined. |
| Granting | 01-03 months from the date of Notification of granting Patent | – The Applicant pays the registration and publication fees. The Patent will be published on Industrial Property Gazette. |
d.Required documents and information:
The following documents/information should be provided:
The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date);
The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;
The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);
Name and address of:
– Applicant;
– Author(s) of invention/utility solution;
A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.
The claims and and specification of the Patent.
- Fee schedule
The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:
| Works | Official fee
(USD) |
Agency fee
(USD) |
| 1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification) | 20.00 | 130.00 |
| Addition charge for each independent claim from the second one | 11.00 | 40.00 |
| Addition charge for each page from the seventh one | 2.50 | 1.00 |
| 2. Claiming priority right (for each earlier priority) | 36.40 | 40.00 |
| 3. Publication of invention/utility solution application | 7.53 | 40.00 |
| 4. Request for substantive examination for each independent claim | 83.79 | 45.00 |
| Addition charge for each independent claim from the second one | 83.79 | 20.00 |
| 5. Granting patent for invention/utility solution (including Register and Publication) | 22.00 | 70.00 |
| Additional charge for each independent claim from the second one | 15.69 | 10.00 |
| 6. Annuity fee for the 1st year for the 1st independent claim | 35.04 | 50.00 |
| – Annuity fee for the 1st year from the 2nd independent claim | 35.04 | 40.00 |
| 7. Translating fee from English into Vietnamese (per 100 words) | – | 7.00 |
| Subtotal | 168.36 | 335.00 |
| TOTAL
(number in bold) |
$US 503.36
Five hundred and three US Dollars and thirty six cents only |
|
Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($20-40) and communication costs ($30-40); do not include additional fees in case of refusal in formality examination or being opposed by the third party or refusal in sustainable examination. In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.
ANNUITY PAYMENT
- Procedure
a, Required documents and information:
For us to file Annuity payment of Patent, the following documents/information should be provided:
i,Instruction letter for Annuity payment
ii,Information of Patent
b,Timeline:01-02 months from filing date
- Fee schedule
| Annuity fees (per annum for one independent claim) | Official Fee
(USD) |
Attorney’s fee
per patent (USD) |
|
| 1 | 1st and 2nd year | 30.00 | 60.00 |
| 2 | 3rd and 4th year | 60.00 | 60.00 |
| 3 | 5th and 6th year | 90.00 | 70.00 |
| 4 | 7th and 8th year | 120.00 | 80.00 |
| 5 | 9th and 10th year | 150.00 | 85.00 |
| 6 | 11th to 13th year | 180.00 | 90.00 |
| 7 | 14th to 16th year | 220.00 | 100.00 |
| 8 | 17th to 20th year | 270.00 | 120.00 |
Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($30-40) and communication costs ($30-40).
II-INDUSTRIAL DESIGN
INDUSTRIAL DESIGN REGISTRATION
- Procedure
a,Protection criteria
An industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:
| Being novel | Being of an inventive step | Being susceptible of industrial application | |
| Patent for industrial design | | | |
An industrial design shall have more than one embodiment. Thus, to get the greatest protection for the industrial design, you should register all embodiments related to the industrial design.
b,Validity of Patent for Industrial Design
Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years. In conclusion, the maximum term of the Patent for Industrial Design is 15 years counting from the filing date.
c, Procedure and timeline
An industrial design application will be examined through the following process:
| Time Frame | Content of examination | |
| Formality examination | 01-02 months from the filing date (if all required documents are submitted) or from the date of supplementation of all documents. | The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Industrial Design will issue the decision on the legitimate formality of the application. |
| Publication | 02 months from the date of acceptance of application (if no request for early publication). | The application will be published on the Industrial Property Gazette. |
| Substantive examination | 09-12 months from the publication date. | The protective criteria of the industrial design will be examined. |
| Granting | 01-03 months from the date of Notification of granting Patent for Industrial Design. | – The Applicant pays the registration and publication fee.
– The Industrial Design will be published on Industrial Property Gazette. |
d,Required documents and information
For us to filing a patent application, the following documents/information should be provided:
i,The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required;
ii, Name and address of:
– Applicant;
– Author(s) of industrial design;
iii. Title of the industrial design;
Indication of the kind of products for which the industrial design is to be used;
i,Priority document (if any);
ii,The set of picture of the industrial design under the guideline of SBLAW.
2. Fee schedule for registration of 01 industrial design
|
No. |
Works |
Official fees (USD) | Agency fee (USD) |
|
1 |
Fee for filing an application for industrial design |
9.10 |
150.00 |
| 2 | Searching fee for classification | 30.00 | 40.00 |
| 3 | Claiming priority right (for each earlier priority) | 36.40 | 46.00 |
|
3 |
Publication of industrial design application | 7.53 | 46.00 |
| – Additional charge for each picture from 2nd one |
7.53 |
5.75 |
|
|
4 |
Examination fee (for each variation, inclusive
of information search) |
42.42 |
46.00 |
|
5 |
Granting patents for industrial design (including Register and Publication) |
19.20 |
70.00 |
| – Additional charge for each figure from 2nd one | 3.20 | 5.75 | |
| 6 | Picture preparation (for each picture) | – | 15.00 |
|
TOTAL (number in bold) |
405.25 USD
Four hundred and five US Dollar and twenty five cent only |
||
Note: This fee includes the office fee of NOIP, our agency fee and fee for granting patent, but excludes 5% VAT, fee for responding NOIP’s Action. We will inform you all arising fees for your decision before taking any action.
RENEWAL OF INDUSTRIAL DESIGN PATENT
- Required documents
- The original of Industrial Design
- An original Power of Attorney with a simply signature of the Applicant (form of SBLAW).
2. Fee schedule
The information below is the breakdown of charges for renewal of 01 industrial design registrations in Vietnam, in a smooth case, for your consideration:
|
Description |
Official Fees (USD) | Attorney Fees (USD) |
| Fee for renewal of Industrial Design Patent No.
18571 for 01 variation |
75.00 |
150.00 |
|
Sub-total |
225.00
Two hundred and twenty five US Dollar |
|
Note: The above-quoted fees exclude 5% VAT, Communication Cost, Bank charge.
