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 |
|
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.
