Quotation for Patent Registration

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Question: Could you provide us with your update Schedule of charges for Patent Registration?

Answer:

Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our fee schedule in relation to the intellectual property registration proceeding        in Vietnam

as follows:

PATENT

  1. 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 Utility solution when it satisfies the following conditions:

 

Being novel

Being of an inventive step Being susceptible of industrial application
Patent for Invention P P P
Patent for Utility solution P P

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
  • The claims and and specification of the

 2.                            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) Attorney’s fee (USD)
1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification)  

20.00

 

 

 

 

 

 

350.00

–      Additional charge for each independent claim

from the second one

 

11.00

–      Additional charge for each page from the seventh one  

2.50

2. Claiming priority) priority right (for each earlier  

36.40

3. Publication        of     invention/utility     solution

Application

 

7.53

4. Request for substantive examination for each independent claim  

83.79

 

 

 

 

 

 

 

250.00

–      Additional charge for each independent claim from the second one  

83.79

5. Granting patent for invention/utility solution

(including Register and Publication)

 

22.00

–      Additional charge for each independent claim from the second one  

15.69

6. Annuity fee for the 1st year for the 1st independent claim  

35.04

–      Annuity fee for the 1st year from the 2nd independent claim  

35.04

7. Translating fee from English into Vietnamese

(per 100 words)

 

 

7.00

Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($20.00- 40.00) and communication costs ($30.00-50.00); 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.