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PATENT PROTECTION IN VIETNAM

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FILING REQUIREMENTS

For Registration of Patent

National Application

+ Information

• Full name, address and nationality of the applicant;
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed

+ Documents

• A Power of Attorney (Word file) (PDF file) from the Applicant (required at filing; a fax copy is acceptable provided that the original is submitted within three months from the filing date);
• A Deed of Assignment (Word file) (PDF file) from the Inventor(s) to the Applicant if the Applicant and the Inventor(s) are not the same (this document must be submitted at the invitation of the NOIP only in the case the NOIP has reasonable grounds to doubt the Applicant's eligibility); 
• A Deed of Assignment of the Priority Rights where the Applicant is different from the Applicant having filed the Priority Application (required within three months from the filing date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is a natural person, or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). Notarization and/ or Legalization are not required.

• A plain copy of the specification, claims, drawings (if any) and abstract in English for the purpose of translation into Vietnamese (required at filing); 
• Certified copy of the Priority document(s) or Exhibition certificate - applicable where the Paris Convention Priority is claimed (required within 03 months from the filing date). In case the NOIP request to submit the Vietnamese version of priority document(s), the sworn English translation(s) thereof are required (if the priority document(s) are not in English).

Intenational Application (PCTs)

+ Information

• Full name, address and nationality of the applicant;
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed;
• International filing and publication numbers

+ Documents

• A Power of Attorney (Word file) (PDF file) from the Applicant (required within 34 months from the priority date);
• A Deed of Assignment (Word file) (PDF file) where the Applicant entering the National Phase is different from the Applicant having filed the International Application (required within 34 months from the priority date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is a natural person, or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). Notarization and/or legalization are not required.

• If the Applicant requests entry into the Vietnam National Phase before the International Publication date, a copy of the International Application as filed (required at the date of entry); 
• An English version of Publication of PCT International Application (including specification, claims, any text matter of drawings and abstract), International Search Report (PCT/ISA/210), International Preliminary Examination Report (PCT/IPER/409), Notification of Change (PCT/IB/306), Amendments, Written Opinion to the Amendments (if any) in accordance with Articles 19 and/or 34 of PCT, and copies of amended description and claims … for the purpose of translation into Vietnamese. (Please send us in one month before the date of entry into Vietnamese national phase so that we have enough time for translating and preparing).

For Annuity of a Patent for Invention and Utility Solution

• Data related to the Patent including patent number, patent owner, regular filing date, granting date, priority date;
• The effective year for which the annuity should be paid. 

For Recordal of an Assignment Agreement

+ Minimum-required contents of an Assignment Agreement

• The identity of the Assignor and Assignee (full name and address);
• Details of the IP objects to be assigned (information on granted Invention/Utility Solution Patent);
• Price of the assignment and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

+ Documents required for recordal of an Assignment Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Assignee or Assignor. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• The original Patent for Invention/Utility Solution;
• A notarized copy of Business Licence/Investment Licence if the Assignee is a Vietnamese entity;
• Two original or certified copies of Assignment Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The Assignment Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the Assignment Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide translation service.
• The Assignment Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of Assignment Agreement containing minimum-required provisions will be provided upon request.

For Recordal of a License Agreement

+ Minimum-required Contents of a License Agreement

• The identity of the Licensor and Licensee (full name and address);
• Details of the IP objects to be assigned (information on granted Invention/Utility Solution Patent);
• Scope of the License including: type of license (exclusive or non-exclusive); object(s) of license (Invention/Utility Solution Patent); territory of license (Vietnamese territory or part thereof); term of license (within the term of validity of the corresponding Invention/Utility Solution Patent). In case of a sub-license, the scope of the sub-license must fall within the scope of the corresponding exclusive license.
• Price of the License and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

+ Documents Required for Recordal of an License Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Licensor and Licensee. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• A certified copy of the Invention/Utility Solution Patent;
• A copy of the Certificate of Recordal of the corresponding exclusive Agreement (if the Agreement to be approved is a sub-agreement);
• A notarized copy of Business Licence/Investment Licence of the Licensee (if the Licensee is a Vietnamese entity);
• Two original or certified copies of License Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The License Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the License Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide translation service.
• The License Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of License Agreement containing minimum-required provisions will be provided upon request.

For Recordal of Change of Name and/or Address

• A notarized Power of Attorney (Word file) (PDF file) from the Owner. No legalization is required (required at filing);
• A notarized Declaration on Change of Name and/or Address by the Owner, or a certified copy of Official Record on Change of Name and/or Address (required at filing);
• Original Invention/Utility Solution Patent (required at filing).

For more information concerning patent protection in Vietnam, please click to the desired section in the above menu or contact us.