Question: We are a large R&D lab in the USA and EU. Our clients often require assistance with the filing of their patents for the purpose of national stage entry.

We would like to be able to send your firm patent applications on behalf of our clients, for the purpose of filing in Vietnam.

Please let me know if this is something you are able to provide. I would appreciate your response as soon as possible with a copy of your fee schedule and the price you could offer for a large volume of filings.

Additionally, please include your best price for translation from English into Vietnamese, as we often have a large volume of patents needing translation.

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:

 1.   Procedure

 a. Protection criteria:

 

A patent shall be eligible for protection in the form of the grant of 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

 

b. 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.

 c. Procedure and timeline:

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.

 d. 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:

– Applicant;

– 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.

 2.   Fee schedule

The basic fees are calculated based on the number of independent claimpages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:

Works

Official fee

 (USD)

Agency fee

 (USD)

1.   Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification)

20.00

350.00

     Addition charge for each independent claim from the second one

11.00

     Addition charge for each page from the seventh one

2.50

2.   Claiming priority right (for each earlier priority)

36.40

3.   Publication of invention/utility solution application

7.53

4.   Request for substantive examination for each independent claim

83.79

     Addition charge for each independent claim from the second one

83.79

5.   Granting patent for invention/utility solution (including Register and Publication)

22.00

200.00

     Additional charge for each independent claim from the second one

15.69

6.   Annuity fee for the 1st year for the 1stindependent claim

35.04

–     Annuity fee for the 1st year from the 2ndindependent claim

35.04

7.   Translating fee from English into Vietnamese (per 100 words)

6.50

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.

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