Patent/Utility Solution opposition proceeding in Vietnam
Patent opposition in Vietnam can be done, either before the patent is granted, by filing pre-grant opposition under Article 112 of Vietnam IP Law, or after the grant of the patent by filing a post-grant opposition which serves as a patent invalidation proceeding per Article 96 of Vietnam IP Law.
The grounds for both pre-grant and post-grant oppositions in Vietnam are the same and there is nothing which prohibits a pre-grant opponent from subsequently filing a post-grant opposition. The Pre-grant opposition can be made at any time after the patent application has been published but before the grant of a patent. Publication of patent applications in Vietnam is made in 19th month from the priority date or within 02 months from the date of acceptance as to form, whichever is later. Any natural or juridical person. Legal interest is not required. Any person may, in writing to the IP Office of Vietnam, contest the grant of a patent in Vietnam.
Grounds for patent opposition in Vietnam:
The grounds for both pre-grant and post-grant oppositions in Vietnam are the same and there is nothing which prohibits a pre-grant opponent from subsequently filing a post-grant opposition (a patent invalidation) in Vietnam.