Guidance for filling patent in Vietnam

Guidance for filling patent in Vietnam
April 01 04:42 2014 Print This Article

If client would like to file an patent in Vietnam, SBLaw would like to provide our guidance as follows:

I.For National patent application:

REQUIRED INFORMATION

1. Name, address and nationality of the applicant.

2. Name, address and nationality of the inventor.

3. Title of the Invention/Utility solution.

4. Data of Convention priority, if any  (Original country, Application number and filing date).

5. Name and address of the inventors

REQUIRED ENCLOSURES:

1. Patent specification in English version including description, claims, abstract and drawings, if any.

2. Power of Attorney (PoA) which is simply signed by the applicant. The lack of PoA may be accepted at the time of filing application. However, it’s better if the client can provide copy of PoA at that time. The original PoA must be submitted within 01 months from filing date.

3. Deed of Assignment, if the applicant and inventors are not the same;

4. Certified copy of the priority document, if priority right is claimed. This certified copy must be submitted within 03 months from filing date.

II.For Entering Vietnam National Phase of PCT application:

For a PCT application, the time limit for entering into the National Phase is 31 months counted from the priority date if Vietnamese is designated and selected.

1. PCT documents: Copy of the PCT application and amendments thereof according to Article 19 of PCT, PCT publication, International Preliminary Examination Report, and Amendment, if any;

2. The original POA can be submitted within 01 months from filing date;

Remark: As the Vietnamese translation of the patent specification must be submitted at the time of filing, the English version is required to early provide for translation. If early sending document is not convenient, the PCT application number should be early informed for downloading the specification from PCT database.

GENERAL INFORMATION:

1. Request for substantive examination must be filed within 42 months (as for invention) or 36 months (as for utility solution) from priority date.

2. Term for entering National phase in Vietnam of PCT application is 31 months from priority date.

3. The validity term of Patent is 20 years for invention and 10 years for utility solution, counted from the legitimate filing date and effective from the granting date.

5. Annuity is required to be paid from the 1st effective year.

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