How long is the patent protection period?

Patent protection helps businesses protect technological innovations and new products, preventing infringements from competitors. Understanding this deadline helps businesses plan long-term strategies for exploiting and developing inventions, maximizing the value of intellectual property. Through the following article, Long Phan will help you learn about the regulations on patent protection terms.

Conditions for patent protection

Pursuant to Clause 1, Article 58 of the Law on Intellectual Property 2005, the conditions for patent protection are:

An invention is protected in the form of a patent if it meets the following conditions:

• New;
• Have a creative level;
• Capable of industrial application.

How long does a patent last?

Pursuant to Clause 2, Article 93 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), a patent takes effect from the date of grant and lasts until the end of twenty years from the date of filing.

Procedures for registration of patent protection

Pursuant to Article 100 and Article 108 of the Law on Intellectual Property 2005, Clause 3, Article 19 of Decree 65/2023/ND-CP, Article 14, Article 15, Article 16 of Circular 23/2023/TT-BKHCN, registration procedures Registering for patent protection is:

Step 1: The Intellectual Property Office receives the application

Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang; or submit online via the Intellectual Property Office’s online application receiving system at: https://dichvucong.ipvietnam.gov.vn/

Document components will include:

• Patent registration declaration, typed accordingly Form No. 01 Appendix I of Decree No. 65/2023/ND-CP;
• Invention description;
• Invention abstract;
• Proof of payment of fees and charges;
• Power of Attorney (if the invention/utility solution application is filed through an industrial property representation service organization);
• Documents proving registration rights (if beneficiary from another person). For example: Certificate of transfer of application rights… (if any);
• Documents proving priority rights (if the patent application claims priority rights);
• Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.

Step 2: Verify the application form

Check the compliance with formal regulations for the application, thereby making a conclusion about whether the application is considered valid or not (Make a decision to accept the application as valid/refuse to accept the application).

• In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
• In case the application is invalid, the National Office of Intellectual Property shall issue a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a time limit of 2 months to accept the application. The applicant has comments or corrects errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

Step 3: Announce the application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraise the content of the application

Not more than eighteen months from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if such request is submitted after the date of publication of the application.

Step 5: Make a decision to grant/refuse to grant a protection title

• If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property shall issue a decision to refuse to grant a protection certificate;
• If the subject matter stated in the application meets the protection requirements, and the applicant pays the fees and charges in full and on time, the National Office of Intellectual Property shall issue a decision to grant a protection certificate and record it in the Register of inventions and publication in the Industrial Property Official Gazette.

Benefits of using patent protection registration services

The benefits of using patent protection registration services are:

• Affirming a monopoly position in the market, thereby prohibiting others from using the protected invention for commercial purposes, reducing competitive pressure and giving the owner’s products an advantage in the market.
• Increase the profit of the product because once it is a proprietary product, the owner can commercialize his or her exclusive invention to gain higher profits from the investment in creating the original invention.
• Can profit from selling or licensing inventions. If unable to exploit the invention themselves, the owner of the invention can sell or license the right to commercialize the invention to another entity that can exploit the invention to create great commercial value.
• Contribute to the work of creation and enhance the value and position of the patent owner.

Patent registration support service

Registering for patent protection is a prerequisite step for your intellectual product to be protected by the State. Therefore, it is very important to perform this procedure correctly and quickly. Long Phan’s patent registration support service helps you protect your creative works and maximize the value of your intellectual property. Coming to Long Phan, you will get:

• Detailed advice on conditions, preparation documents and patent protection registration process
• Prepare complete patent protection registration documents, in accordance with regulations for each type of intellectual property product
• Representative submits a patent registration application and monitors the approval process at the competent authority, ensuring the application is processed quickly and according to the process
• Consulting on solving difficulties in the process of registering for patent protection
• Update information throughout the process of registering for patent protection and provide guidance on maintaining and exploiting inventions effectively

We are committed to providing professional, transparent and dedicated advice, helping businesses protect their unique inventions and optimize business benefits. If you need detailed advice, please contact us via hotline: 0906735386.