Vietnam National Phase of PCT application

Vietnam National Phase of PCT application
April 15 09:45 2014 Print This Article

SBLaw would like to provide inventor Vietnam National Phase of PCT application as follows:

I. ENTRY INTO NATIONAL PHASE

31 months from priority date;

Note: The International Preliminary Examination Report (IPER) is a strong reference for patent examiner.

Required documents

1.       Specification and claims (Please send us before the deadline at least 1 month for our convenience in translation)

2.       Power of attorney (notarization is not required and it must be submitted within 34 months counted from the priority date)

3.       International preliminary examination report (if any)

4.       International search report (if any, recommended)

5.       International application publication

Note: PCT applications can be filed without PoA, DoA. However, the originals should be submitted within 34 months counted from the priority date of the applications. 

Procedure in national phase

 

INVENTION

Formality examination 1 months from the filing date
Deadline to file Request for substantive examination Within 42 months from the priority date
Substantive examination 12 months from receipt of the request
Duration(As stipulated by law) 13 months

 Note: In Vietnam, process of a PCT application may be considerably accelerated, if any of its patent family in US, EU, JP was granted. 

II. We also would like to provide inventor the guideline for Non –Pct patent in Vietnam as follows:

 

INVENTION

Term of Validity

20 years

Criteria for protection – Novelty- Inventive step

– Industrial applicability

Required documents
  • 1.    Specification and claim;
  • 2.     Notarized priority documents (if any);
  • 3.     Power of Attorney (PoA for S&B Law);
  • 4.     Deed of Assignment – DoA (if any)

PROCEDURE

Each application shall have to undergo formality and substantive examinations.

 

INVENTION

Formality examination 1 months from the filing date
Deadline to file Request for substantive examination Within 42 months from the priority date
Substantive examination 12 months from receipt of the request
Examination Duration(As stipulated by law) 13 months

NOTE:

1. Application can be filed with a fax copy of PoA, DoA at the filing date. However, the originals should be submitted within 3 months from the filing date.

2. Applications claiming Paris Convention priority must be filed within 12 months from the priority date.

3. 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.

4. If an invention is refused due to the lack of inventive step, Applicant shall have right to request for conversion of the invention application into utility solution one. The fee for conversion shall be inform later;

5. The annuity fee must be paid from the year of granting Patent of invention. The annuity fee for the next validity year must be settled within 6 months before the ending date of the current validity year.

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