Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Patents
3.
Obtaining a patent
3.1
Which governing body controls the registration procedure?
 
Vietnam
The National Office of Intellectual Property of Vietnam (NOIP) is the agency responsible for receiving and examining patent applications and granting patents.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.2
What is the cost of registration?
 
Vietnam
The costs may vary depending on the number of independent claims, drawings and pages of the specification (which are subject to mandatory Vietnamese translation). They typically range between several hundred and several thousand US dollars.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.3
What are the grounds to reject a patent application?
 
Vietnam
Section 59 of the Law on Intellectual Property sets out seven categories of unpatentable subject matter (see question 3.7). A patent may also be refused registration due to lack of novelty, lack of inventive step or lack of industrial application.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.4
What programmes or initiatives are available to accelerate or fast track examination of patent applications?
 
Vietnam
Yes. The Patent Prosecution Highway (PPH), a pilot programme signed by NOIP and the Japan Patent Office (JPO), was launched on 1 April 2016. Under this programme, substantive examination at NOIP may be expedited if the JPO has already found that the relevant invention is patentable. NOIP also recently began allowing applicants to proactively provide it with the results of foreign patentability searches and foreign substantive examination reports, on the basis of which NOIP may accelerate the substantive examination of a Vietnamese application or the Vietnamese phase of a Patent Cooperation Treaty application.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.5
Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?
 
Vietnam
‘Use’ claims are not regarded as patentable subject matter. Therefore, ‘use’ claims, ‘Swiss-type’ claims and ‘second or further medical use’ claims are not accepted by NOIP at the formal examination stage. NOIP contends that they do not constitute patentable subject matter under Section 4(12) of the Law on Intellectual Property, which defines a ‘patentable invention’ as a technical solution in the form of a product or process which is intended to solve a problem by the application of natural laws

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.6
Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?
 
Vietnam
No.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.7
What subject matter is patent eligible?
 
Vietnam
Any substance, product or process/method that solves a particular technical problem by the application of natural laws is patentable, except for the following as outlined in Section 59:

  • scientific discoveries or theories and mathematical methods;
  • schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business;
  • computer programs;
  • presentations of information;
  • solutions of an aesthetic nature only;
  • plant varieties and animal breeds;
  • processes of plant or animal production which are principally of a biological nature, other than microbiological processes; and
  • human and animal disease prevention methods, diagnostic and treatment methods.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.8
If the patent office does not grant a patent, is an appeal available and to whom?
 
Vietnam
Yes.

If NOIP rejects a patent application through what is known as a first office action, the applicant may submit a response to the NOIP patent department that issued the first office action within three months of the date of issuance (extendable for a further three months against a prescribed charge). If this response is not accepted by NOIP, confirmation of rejection (the second office action) will be released by NOIP. The applicant may appeal the second office action before NOIP’s Appeal Settlement and Enforcement Department within 90 days (non-extendable). If NOIP’s director general upholds the second office action, the applicant may appeal to NOIP’s supervisory body, the Ministry of Science and Technology, within 30 days of the date of issuance of the second office action. Alternatively, it may initiate an administrative lawsuit before a Hanoi-based court within one year of the date of receipt of NOIP’s decision.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners