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PATENT REGISTRATION IN VIETNAM

Việt Á

21/08/2017 09:09

I.          FOR PCT APPLICATION ENTRY
 
Requirements:
  • Name, address and nationality of applicant/inventor;
  • Information on the PCT application number or WIPO's publication number;
  • Copy of amended patent specification (if any) for national phase entry;
  • Signed Power of Attorney of applicant (under our form); and
  • Signed Deed of Assignment, if applicant is not that of the international application.
Notes:
  • Language of filing: Vietnamese;
  • Original documents (4) and (5) are required within 34 months from priority date. Notarization is not required; and
  • National phase deadline under both Chapter I and Chapter II is 31 month from priority date.
II.        FOR CONVENTIONAL & NON-CONVENTIONAL FILINGS
 
Requirements:
  • Name, address and nationality of applicant/inventor;
  • Copy of patent specification (in English);
  • Priority document where priority is claimed. Priority data (application number, filing date and country) is required at filing;
  • Signed Power of Attorney from applicant (under our form); and
  • Signed Deed of Assignment, requested only if:
Applicant is individual not the inventor; or
Applicant is organization not the applicant of the priority application.
Notes:
  • Language of filing: Vietnamese;
  • Originally certified copy of document (3) is required within 03 months from the patent application’s filing date; and
  • Original of documents (4) & (5) are required within 01 month from the patent application’s filing date. Notarization on legalization is not required.
III.       REQUEST FOR SUBSTANTIVE EXAMINATION
  • Deadline for request for substantive examination is 42 months for inventions and 36 months for utility solutions from the patent application’s priority date.
  • Cost for request for substantive examination is charged for each independent claim.
IV.       TIME LIMIT
  • Formality examination: 01 month from the patent application’s filing date.
  • Publication of application: in 19th month from the priority date or within 02 months from the patent application’s formality acceptance date, whichever is later.
  • Substantive examination: 18 months from the patent application’s publication date or date of receipt of Request for Substantive Examination, whichever is later.
  • Estimated time for obtaining patent: from 36-42 months from the patent application’s filing date.
V.        VALIDITY TERM
 
A patent for invention is valid for 20 years from the filing date; a patent for utility solution is valid for 10 years from the filing date.