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.
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Results: 4 Answers
Patents
4.
Validity/post-grant review and/or opposition procedures
4.1
Where can the validity of an issued patent be challenged?
 
Vietnam
The only agency with competence to invalidate or cancel the validity of an issued patent is the National Office of Intellectual Property of Vietnam (NOIP). If a party is dissatisfied with NOIP’s decision on a request for invalidity, it may either appeal to NOIP’s supervisory body, the Ministry of Science and Technology, or initiate an administrative lawsuit before a competent court.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.2
How can the validity of an issued patent be challenged?
 
Vietnam
Any challenger or third party that wishes to object to the validity of an issued patent must submit a written request for either invalidation or cancellation to NOIP.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.3
What are the grounds to invalidate an issued patent?
 
Vietnam
A patent may be invalidated under Section 95 of the Law on Intellectual Property in any of the following circumstances:

  • The renewal fee for the patent has not been paid in due time;
  • The patent owner has relinquished its industrial property rights pertaining to the patent; or
  • The patent owner no longer exists and does not have a lawful heir.

A patent may be cancelled by a third party under Section 96 in either of the following circumstances:

  • The patent owner was not legally entitled to register the patent; or
  • At the time of grant, the patent did not satisfy the conditions for protection.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.4
What is the evidentiary standard to invalidate an issued patent?
 
Vietnam
No evidentiary standard is set out in the Law on Intellectual Property in relation to invalidation or cancellation proceedings. The party seeking invalidation or cancellation bears the burden of proof, and the standards for verifying or determining the evidence presented equate to the general principles for evidence collection and delivery set out in the Civil Procedure Code of 2015.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.5
What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?
 
Vietnam
Post-grant review is not available under Vietnamese law. Validity is reviewed through invalidation procedures under Section 95 of the Law on Intellectual Property or cancellation procedures under Section 96 (see question 4.3).

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.6
Who can oppose a granted patent?
 
Vietnam
Any third party has the right to challenge the validity of a granted patent. Opposition proceedings under Vietnamese law may be brought against any pending patent application, but not against a granted patent.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.7
What are the timing requirements for filing an opposition or post-grant review petition?
 
Vietnam
While Vietnam has no provisions on post-grant review, an opposition period starts to run as soon as a patent application is published in the Official Gazette of Industrial Property and ends with NOIP’s decision to grant or refuse protection.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.8
What are the grounds to file an opposition?
 
Vietnam
An opposition may be submitted on grounds such as non-compliance with the provisions on:

  • entitlement to register;
  • priority date; or
  • patentability requirements.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.9
What are the possible outcomes when an opposition is filed?
 
Vietnam
The opposition may be refused or allowed by NOIP; while an opposition that resembles the inter partes review procedure available in the United States may be suspended upon the written settlement of the parties. However, in practice, oppositions are rarely filed against pending applications in Vietnam, because Vietnam is not as yet a technologically sophisticated country. If an opposition is filed, substantive examination of the patent application will be delayed for between months and years, depending on the complexity of the subject matter.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.10
What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?
 
Vietnam
Unlike oppositions against trademarks and designs, which are normally filed by third parties, oppositions against pending patent applications are rarely filed in Vietnam

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.11
Can a post-grant review decision be appealed and what are the grounds to appeal?
 
Vietnam
Not applicable.

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