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Vietnam Utility Model Patent Application

Updated:2018-5-14 15:16:53    Source:www.tannet-group.comViews:122

Vietnam utility model patent can be protected if the two following conditions are meet: Novelty step; Industrial applicability. In Vietnam, utility model has other names such as: pretty patent, utility solution.

Patents are essential to any innovator or applicator of technologies, particularly within the manufacturing and electronics sectors. Due to their more technical nature, application procedures are usually much longer than for other IPRs, but a successful registration grants the rights holder the exclusive control over the production, sale, and import/export of the product, thus representing a huge potential competitive advantage.

Criteria of utility model’s protection
Utility model in Vietnam can be protected if the two following conditions are meet:
1. Novelty;
2. Industrial applicability.

In Vietnam, a present patent application is allowed to convert to utility model one if the original patent application does not meet the requirement of inventive step, but the two above mentioned remaining requirements only.

Required document for filing utility model/utility solution application in Vietnam
Specification of utility model/utility solution;
Power of Attorney (POA);
Certified document for claiming priority right (if any).

Note: (1) Utility model application/utility solution application claiming Paris Convention priority must be filed within 12 months from the priority date.
(2) In Vietnam, the process of utility model application/utility solution application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
(3) After receiving the above mentioned document, we will prepare and file patent application into NOIP.

Procedure and time-frame of filing utility model in Vietnam
1. Formality examination of utility model: 1-2 months counted from the filing date (if all required document is submitted) or from the date of supplementation of all documents. However, the actual time may be longer due to the overload of work in National Office of Intellectual Property (NOIP). (Examination of formality of utility model application/utility solution application)

2. Publication of utility model: within 19 months counted from the first filing date or date of accepting its legitimate whatever comes later. (Publishing utility model application/utility solution application in IP Gazette)

3. Substantive examination of utility model: 12-16 months from the publishing date. (Examination of criteria of protection of utility model application/utility solution application)

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