Guideline for non-PCT Patent in Vietnam

Guideline for non-PCT Patent in Vietnam
April 11 02:46 2014 Print This Article

Guideline for non-PCT Patent in Vietnam

INVENTION UTILITY SOLUTION
Term of Validity 20 years 10years
Criteria for protection – Novelty- Inventive step

– Industrial applicavility

– Novelty- Industrial applicability
Required documents
  1. Specification
  2. Power of attorney
  3. Certified document for claiming priority right (if any)

Deed of assignment (if any)

All you have to do is 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 12 months from the date of examination request or date of publication (if examination request is filed upon filing)
Duration (As stipulated by law) 13 months

Note:

–         Application can be filed without original PoA at the filing date. However, a  copy is filed at filing and the original should be submitted within 3 months from the filing date.

–         Applications claiming Paris Convetion 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 its patent family in US, EU or JP was already granted.

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