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Renewal fees in Vietnam must be paid by certain dates. In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
No annuities are due throughout the application process. The first renewal is paid 3 months after the grant date to the National Office of Intellectual Property of Viet Nam.
For example, if the grant date is 2022-01-20, then the first three annuities must be paid by 2022-04-20.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the grant date. The due date should be the month and date corresponding to the grant date.
For example, if the grant date was on November 9, then all subsequent annuities will be due on November 9 each year.
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In Vietnam, there are other types of intellectual property besides patents. These include utility models and designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
In Vietnam, you pay a fee per individual independent claim greater than one in addition to the base renewal fee.
For example, if you are to pay annuity 4, you will have to pay the base renewal fee plus the claim fee multiplied by the number of independent claims greater than one. For the purpose of this example, we will assume that the patent has 11 independent claims, which will result in the following calculation: Base Renewal Fee VND 1,000,000 + (Claim Fee VND 600,000 x 10) = VND 7,000,000.
There are no annuities due in Vietnam before the patent is granted. Once the patent has been granted, annuities must be paid annually in accordance with the rules described above under the section Due Dates.
The renewal fees in Vietnam can be settled at any given time. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Yes, it is possible to renew a Vietnamese patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
A patent will stay in force for 20 years in Vietnam from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
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