07 June

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Provisional rights to patents and industrial designs in Vietnam – What you need to know?

in Industrial Design, Notable Articles, Patent

Download Vietnam's emergence as a leading destination for innovation and investment has resulted in a significant increase in patent and industrial design filings. One of the most important features of the Vietnamese IP system is the availability of provisional rights to patents and industrial designs. Provisional rights can provide patent or design owners with significant benefits even before their applications are fully examined and granted. In this article, we will explore what provisional rights are, how they work, certain requirements and limitations to provisional rights, and what patent and industrial design owners need to know to maximize their benefits as well...

24 May

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How to cope with patent infringement allegations in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Our Practice, Patent

As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. ...

05 April

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ASPEC Programme – an avenue to expedite patent granting in Vietnam and other ASEAN countries

Posted by Vu Thu Uyen

in IP Practice, Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. What is ASEAN Patent Examination Co-operation (ASPEC) programme? The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results. Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued...

29 March

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Patent invalidation in Vietnam: Key Considerations and Approaches

Posted by Ly Dinh

in Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows...

10 March

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How to use US patents to expedite Cambodian patent examination: A step-by-step guide

Posted by Ly Dinh

in Cambodia, Patent

Download The process of patent examination can be complex, time-consuming, and often leads to unpredictable outcomes. In order to provide greater predictability and streamline the process, Cambodia has implemented programs to expedite the examination of patent applications. These programs are the result of bilateral agreements between Cambodia and foreign countries, including the latest agreement with the United States on October 23, 2020. Under this agreement, Cambodian patent applications can be accelerated by relying on US patents during examination. Similar agreements with China, Singapore, Korea, Japan, and Europe have also allowed foreign patent owners to efficiently extend their patent rights to Cambodia. This...

06 March

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Amending Patent Specifications In Vietnam – Best Practices for Applicants

Posted by Ly Dinh

in IP Practice, Patent

Download Even after a patent specification has been filed to the Intellectual Property Office of Vietnam (IP VIETNAM), it may be amended at the applicant's initiative (also known as voluntary amendment) or at IP VIETNAM's request. If an amendment or supplement to a patent application expands the scope of the subject matter disclosed or stated in the application or alters the nature of the claimed subject matter stated in the application, there is a risk that the patented product or process could be invalidated at the request of a third party. To mitigate such legal risks associated with patents, it is...

12 January

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Restoration of priority rights for patent applications in Vietnam – What you need to know

Posted by Ly Dinh

in Patent, Vietnam

Download A Chinese patent with 12 months priority deadline passed, but the patent applicant still wants to patent his invention in Vietnam. Is it possible to request for a restoration of priority right in the international patent application and then enter into Vietnam under PCT route? 1. What is the “priority date” of a patent application? Paris Convention for the Protection of Industrial Property (Paris Convention) is an international treaty that provides, among other advantages, a right of priority among patent applications. Under the Paris Convention, on the basis of a regular first application filed in one of the member states, the applicant may, within a...

12 January

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5 questions to assess whether your product infringes patents in Vietnam

Posted by Ly Dinh

in Patent, Viet Nam

Download You are a patent holder who suspects that a competitor's product is being manufactured in violation of your patent rights. In a different context, you wish to bring a product to market but are unsure whether it infringes on a protected patent in Vietnam. Of course, regardless of what context, whether you are a patent owner or a manufacturer of an unpatented product, the simplest way to determine patent infringement is to file a patent infringement assessment with the Vietnam Intellectual Property Research Institute (or "VIPRI" for short). However, this assessment will cost a considerable amount of money, so it...

04 October

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Three options to accelerate patent examination in Vietnam

Posted by KENFOX IP

in IP Practice, News, Patent, Viet Nam

The examination of a patent application's patentability in Vietnam is time-consuming. A typical examination would necessitate access to databases of prior art for novelty and inventiveness comparisons against what has already been disclosed or practiced. Despite recent advancements in conducting substantive examination for patent applications, the Intellectual Property Office of Vietnam (VNIPO) tends to grant patents based on the grant of the corresponding patent from countries with more developed IP systems or examination results of the corresponding patent application from more established Patent Offices such as those of the United States, Japan, South Korea, and the European Patent Office....

03 August

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To Copyright or to Patent a computer program in Vietnam – 04 important considerations

Posted by KENFOX IP

in Patent, Vietnam

Computer programs are increasingly utilized and play a crucial role in numerous fields in order to effectively serve and fulfill a variety of needs and objectives. Like other intellectual property (IP)assets, computer program rights holders seek to optimize all protection measures for the computer programs they develop to ensure exclusivity, effective enforcement against piracy and IPR infringement, and commercialization of intellectual property assets....