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In Da Nang, Vietnam, patents are governed by the Law on Intellectual Property. The law protects the rights of inventors in their inventions, industrial designs, and utility solutions. The patent law encompasses the process of filing for a patent, dispute investigation and resolution, as well as the enforcement of patent rights. With innovation becoming increasingly crucial in Da Nang, understanding patent law becomes more vital for businesses and individuals alike.
Obtaining a patent can be a complex and time-consuming process involving filing an application with the National Office of Intellectual Property, following strict formalities, and potentially defending your patent rights. Additionally, disputes involving patent rights often require understanding of complex legal and technical issues. A lawyer can assist in these processes, ensuring all legal requirements are met and your interests are protected.
The Law on Intellectual Property in Vietnam requires a patent to be novel, involve an inventive step, and be of industrial applicability. If your invention does not possess these qualities, it may not be patentable. Further, Vietnam operates on a 'first to file' system meaning the first person to file a patent application will be granted the patent rights, regardless of who was the first to invent. Knowing these local laws can help you strategically manage your intellectual property.
Vietnam recognizes 3 types of patents: invention patents, utility solution patents, and industrial design patents. Each has different requirements and protections.
For invention patents, the duration is 20 years. Utility solution patents are protected for 10 years, while industrial design patents are protected for 5 years but can be renewed two times, each for 5 years.
Yes, foreigners can apply for patents in Vietnam, though they usually will need a local agent to navigate the application process.
The prosecution process includes formalities examination, publication of application, substantive examination, and grant of patent. The process could take from 18 to 36 months.
Violations can be reported to the Inspectorate of the Ministry of Science and Technology. Often, a lawyer is helpful in these situations to advise on how to proceed and represent you.
The National Office of Intellectual Property of Vietnam (NOIP) and The Da Nang Department of Science and Technology serve as authoritative sources of information regarding patents in Da Nang. Vietnam's Law on Intellectual Property sets the legal framework for patents in the country.
If you need legal assistance with patents in Da Nang, consider seeking out a Vietnamese intellectual property lawyer or a patent agency. They can guide you through the process, provide expert advice, and represent your interests if disputes arise.
