GUIDES FOR NATIONAL ENTRY OF PCT APPLICATION IN VIETNAM
TIME LIMIT
- 31 months from priority date.
Note: The International Preliminary Examination Report (IPER) is a strong reference for patent examiner.
REQUIRED DOCUMENT
- Copy of PCT application and amendment thereof;
- International Search Report and IPER (recommended);
- Power of Attorney (PoA) (no further notarization or legalization is required)
Note: PCT applications can be filed without PoA.However, the original should be submitted within 34 months counted from the priority date.
PROCEDURE IN NATIONL PHASE
Duration of Formality examination: 1 month from the filing date
Deadline for examination request: 42 months from the priority date
Duration of Substantive examination: 18 months from the date of examination request or date of publication (if examination request is filed upon filing.
Note: In Vietnam, process of a PCT application may be considerably accelerated, if any of its patent family in US, EU, JP was granted.
GUIDELINE FOR PARIS CONVENTION APPLICATION IN VIETNAM
| INVENTION | UTILITY SOLUTION | |
| Term of Validity | 20 years | 10 years |
| Criteria for protection
|
– Novelty
– Inventive step – Industrial applicability |
– Novelty
– Industrial applicability |
| Required documents | 1. Specification
2. Information on name, address and nationality of applicant(s) and inventor(s); and IPC of invention 3. Power of Attorney (PoA) (no further notarization or legalization is required) 4. Certified document for claiming priority right (if any) |
|
All you have to do is to provide us the above required documents
PROCEDURE
Each application shall have to undergo formality and substantive examinations.
| INVENTION | UTILITY SOLUTION | |
Formality examination |
1 month from the filing date (if all required document is submitted) or from the date of supplementation of all documents. | |
| Deadline to file Request for substantive examination | Within 42 months from the priority date | Within 36 months from the priority date |
Substantive examination |
18 months from the date of examination request or date of publication (if examination request is filed upon filing) | |
Note:
- Application can be filed without original PoA and Certified document for claiming priority right at the filing date. However, a copy is filed at filing and the original PoA should be submitted within 01 month and original Certified document for claiming priority right should be submitted within 3 months from the filing date.
- Applications claiming Paris Convention priority must be filed within 12 months from the priority date.
In Vietnam, the process of a patent application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
ESTIMATED COST FOR patent APPLICATION (INCLUDINH PCT APPLICATION) IN VIET NAM: https://t2hlawyers.vn/en/patent-fee-in-vietnam/
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