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VI
Frequently Asked Questions
Patents
What is a patent and what does it protect?
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How long does patent protection last in Vietnam?
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Is patent term extension available?
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Is dual filing both an invention application and a utility solution application acceptable? Is conversion of application possible?
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Is it possible to restore a lapsed patent?
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Are methods for treatment or prevention of disease eligible for patent protection in Vietnam?
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Are computer programs eligible for patent protection in Vietnam?
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Does Vietnam follow examination system?
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Is absolute novelty required in Vietnam?
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What is prior art and Is secret prior art applied?
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Is there duty of disclosure?
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Does grace period for novelty apply?
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Can one application cover multiple inventions?
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Are Jepson type claims required?
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Are Markush type claims acceptable?
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Are Swiss type claims acceptable?
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Are Omnibus type claims acceptable?
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What is the typical timeline for a patent application in Vietnam?
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Is a foreign filing license required, and what are the requirements?
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Is early publication or deferred publication available for invention?
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Can accelerated examination be requested?
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What is the deadline for making an amendment, and is it possible to make an amendment after a Notice of Allowance?
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Is recordal of a name/address change permitted after a Notice of Allowance?
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Is recordal of license for a pending application possible in Vietnam?
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What is the deadline for filing a divisional application and is a cascade divisional application is acceptable?
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Can applicants appeal against final decisions on refusal to grant of patents?
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Is opposition available, and what is the deadline for filing an opposition?
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Is there a double patenting prohibition in Vietnam?
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Is provisional right available?
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Is lump sum payment of Annuity acceptable?
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Is late payment of annuities permitted?
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Is a power of attorney (POA) required for annuity payment?
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Is recordal of assignment, licensing, and change of name/address of patent owner required and deadline?
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Is amendment of patent allowed?
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Is correction/rectification of errors in a patent allowed?
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Is a patent owner obligated to use the patent and submit evidence of use? If so, what are the consequences of failing to meet these requirements?
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Can a party invalidate a patent?
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Trademarks
How do I register a trademark in Vietnam?
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How long is trademark registration valid, and can it be renewed?
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Can I protect my trademark in multiple countries at once?
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Industrial Designs
What qualifies as a protectable industrial design in Vietnam?
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How long does industrial design protection last?
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Copyright
Does copyright need to be registered in Vietnam?
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How long does copyright protection last in Vietnam?
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General
What is intellectual property and why does it matter for my business?
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Which countries does Duong & Tran cover?
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What does "first-to-file" mean, and why should I file early?
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Is protection of test data for pharmaceutical and agrochemical products available?
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