Vietnam: Introduction To Patent Law In Vietnam - Main Issues Of Patent Law - Appeal

Appeals can be made upon:

• rejection of an application as to formalities;
• refusal to grant a patent; or
• invalidation of a previous patent.

A petition to appeal must be filed with the National Office of Industrial Property (NOIP) within three months of the date of Notice concerning the decision of rejection, refusal or invalidation.

• The NOIP must examine and settle the matter within 30 days of receiving the petition.

If dissatisfied with the decision of the NOIP, a further appeal to the Minister of the Ministry of Science, Technology and Environment (MOSTE) can be made within three months from the date of the Notice of the decision of the NOIP, or an appeal action can be taken before the competent administrative court.

• If the petition to appeal is filed with the MOSTE, the Minister of MOSTE must issue a decision within 60 days from receiving the appeal petition. The decision of the Minister of the MOSTE is final, and no further appeal to the courts is possible.

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.