Question: We have client that want to apply a few patents in Vietnam by PCT route. I would appreciate that you can send me more information about your company, the procedure of applying patents and the fee of the whole application procedure in Vietnam, including translation from Chinese to Vietnam. Thank you!
Look forward to your reply.
Answer: Thank you for your interest in our IP service. Regarding the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner.
For your further information, we cordially invite you to visit our official website at www.sblaw.vn. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the intellectual property registration proceeding in Vietnam as follows:
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|
2.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.
3.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.|
4.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:
– 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 instruction.
- The claims and and specification of the Patent.
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:
|1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification)||20.00||130.00|
|Addition charge for each independent claim from the second one||11.00||40.00|
|Addition charge for each page from the seventh one||2.50||1.00|
|2. Claiming priority right (for each earlier priority)||36.40||40.00|
|3. Publication of invention/utility solution application||7.53||40.00|
|4. Research fee for substantive examination for each independent claim||37.50||20.00|
|5. Request for substantive examination for each independent claim||83.79||45.00|
|Addition charge for each independent claim from the second one||83.79||20.00|
|6. Granting patent for invention/utility solution (including Register and Publication)||22.00||70.00|
|Additional charge for each independent claim from the second one||15.69||10.00|
|7. Annuity fee for the 1st year for the 1stindependent claim||35.04||50.00|
|– Annuity fee for the 1st year from the 2ndindependent claim||35.04||40.00|
|8. Translating fee from Chinese into Vietnamese (per 100 words)||–||7.00|
(number in bold)
Five hundred and sixty US Dollars and eight six cents only
Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($20-40) and communication costs ($30-40); 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.
We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us.