Introduction To Patent Law In Vietnam - Main Issues Of Patent Law - Assignment

Rights to a patent or a patent application may be assigned.

Any contract assigning a patent application or a patent must be in writing, signed by the parties to the contract and registered with NOIP in order for it to be enforceable.

Any change in the ownership of a patent application or a patent should be recorded in the National Office of Industrial Property in accordance with the prevailing laws and on payment of the prescribed fees.

If (i) the assignee is a state-owned-entity or a joint-venture with state capital, or (ii) the assignor is a Vietnamese party and the assignee is a foreign party, the deed of assignment must be lodged with the Ministry of Science, Technology and Environment (MOSTE) for approval. After approval by MOSTE has been granted, recordal of the assignment in the NOIP is necessary.

Recordal of assignment is published in the Official Gazette of Industrial Property.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.