ANT Lawyers is a patent law firm in Vietnam that can assist client in the
patent registration process and other patent relating issues.
Time and procedures for
patent registration:
+ The time for form
evaluation: 01 months from the date of receipt;
+ The time to publish
the application: 18 months from the priority date or the 2nd month after
receiving the request for content evaluation;
+ The time for content
evaluation: 12 months after receiving the request for content evaluation or the
date of publication
+ The time for patent
protection is 20 years, for the patent for utility solution is 10 years.
Profile includes:
+ Declaration (02 sheets
according to form);
+ Description (02
sheets, including drawings, if any);
+ Request for protection
(02 sheets);
+ Relevant documents (if
any);
+ Receipt of fees and
charges.
Patent registration requirements:
1.Organizations and
individuals that meet the following conditions may register for patent:
+ The author created the
patent by his efforts and expenses;
+ Organizations and
individuals investing in fund and material for the author in the form of
contract work, unless the parties have other agreements and that agreements are
not contrary to the provisions of law;
+ The case that many
organizations and individuals working together to create or invest to create
the invention, that organizations and individuals all have the right to
register for patent and the registration will be implemented only if all
organizations and individuals agree;
+ The case that the
invention was created by using the technical facilities and expenses from state
budget:
+ The case that the
invention was created on the basis of entire state investment funds and
technical facilities, the patent registration right belongs to the State.
Organizations and state agencies are empowered as investor, representing State
to exercise the right to register for patent;
+ The case that the
invention was created on the basis of State contributes capitals which are
funds and technical facilities, part of the patent registration right
corresponding to the proportion of capital contribution will belong to the
State. Organizations and Government agencies that are representatives of the
State capital will be responsible for implementing the State’s patent
registration right;
+ The case that the
invention was created on the basis of research and development collaboration
between state organizations, agencies and other organizations, individuals, if
the cooperation agreement has no other provisions, part of the patent
registration right corresponding to the proportion of capital contribution will
belong to the State. State organizations and agencies participating in the
research and development process will be responsible for implementing the
State’s patent registration right.
2. To be granted the
patent registration, the applicant must meet the following requirements: new;
creative and capable of industrial application.
3. To be granted the patent
protection/utility solution, the applicant must meet the following
requirements: new and capable of industrial application.
Source: ANTLawyers.vn
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