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Patent


BASIC PROCEDURE FOR OBTAINING A VIETNAMESE PATENT


Filing requirements

1. Translation:

All Vietnamese translations must be submitted at the time of filing. Therefore, it is advisable for the Applicant to provide us with enough time for translation, well before the filing deadline. Soft copies of documents would be helpful, thus appreciated.

2. Information and documents required:

* For entry into national phase of PCT  applications

(i)     One copy of the international application (as published or as originally filed if not yet published), which should contain the following contents: description, claims, abstracts and any text matters of drawings/tables as well as any statements under PCT Articles 19 and/or 34(2)(b);

(ii)    A copy of an International Preliminary Examination Report (where available).

* For Non PCT patent  applications

(i)    Full name, address and nationality of the Applicant(s) and Inventor(s);

(ii)   Country, application No. and filing date of the basic application(s) if a Convention priority is claimed;

(iii)  One copy of description, claims, abstract and any text matters of drawings/tables (if any) of the invention.

3. Submit additional documents

The following documents must be submitted within 01 month from the filing date:

(i)    A Power of Attorney (POA) which is only simply to be signed by the Applicant (no legalization nor notarization is required);

The following documents must be submitted within 03 months from the filing date:

(ii)    A certified copy of the priority documents, if a priority is claimed;

(iii)   A Deed of Assignment of the Priority Rights where the Applicant is different from the Applicant having filed the Priority Application of the Priority Rights.

Formality examination

Once the application is filed, it is first examined by the NOIP as to formality to ensure that it is complete and the information provided is accurate. The result thereof is expected available within 01 month from the filing date. If the application is rejected due to its incompliance with the formal requirements, the applicant will have 01 month for amendments or corrections. 

Upon completion of the formality examination, if all formal requirements are met, or the amendments or corrections mentioned above are accepted by the NOIP, a Notification of Acceptance of Application shall be issued to confirm the accepted filing date, the filing number and other details of the application.

Publication of Application

The application for entry into the national phase of a PCT application is published in the Industrial Property Gazette within 02 months from the date of Notification of Acceptance of Application by the NOIP for opposition purpose. A non PCT application shall be published in the 19th month from the priority date or within 02 months from the date of Notification of Acceptance of Application by the NOIP whichever comes later. During the period from the publication date to the date on which a decision to grant patent is issued, any third party may file an opposition against the pending application.

Substantive examination

Within 42 months from priority date of the invention application and 36 months from priority date of the utility model application, a request for substantive examination must be filed with the NOIP. Otherwise, the application is deemed to be abandoned.

The application is subsequently undergo a substantive examination to assess the patentability of the invention/utility model and determine the scope of protection. The result thereof is expected available within 12 months from the date of filing of the request for substantive examination (if it is filed after the publication date) or from the publication date (if it is filed before the publication date).

If the invention/utility model is considered unqualified for protection, or if it is qualified but the application still contains defects, a Notification of Intention to Refuse to Grant Patent is issued by the NOIP and the Applicant will have 02 months for responding to the Notification and amending or correcting the application.

Upon completion of the substantive examination, if all substantive requirements are met, or if the amendments or corrections mentioned above are accepted by the NOIP, a Notification of Intention to Grant Patent shall be issued.

Grant of patent

Within 01 month from the date of Notification of Intention to Grant Patent for Industrial Design, the Applicant shall have to pay the registration and publication fees. The Patent shall then be granted and published in the Industrial Property Gazette within 02 months from date of Notification.

The legal protection of a patent begins from the date on which the patent is granted and it is valid for a period of 20 years computed from the filing date provided that annuities are duly paid.

SangChe-Tieng Anh