Patent Annuities

Maintenance of invention patents in Vietnam

Per Article 94 of Vietnam IP Law, in order to maintain the validity of an invention patent or a utility solution patent in Vietnam, the owner must pay a validity maintenance fee. The first annuity should be paid on the date of grant of patent while the payment of the succeeding annuities must be made within the six-month period prior to the anniversary of the grant date as provided in Rule 20.3, Circular 01/2007.  A late payment of annuity is available within a grace period of six months counted from the due date of annuity, subject to an extra fee amounting to 10% of said annuity for each month overdue. In respect of restoration due to unpaid annuity, under previous legislation of Vietnam, in case the validity of the patent is cancelled because of the unpaid annuity, the validity can be restored within six months from the expiration of the six month grace period if the patent validity has not yet been cancelled at a request of a third party. However, no provision on the restoration of the validity of a patent is provided in the IP Law and regulations.