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Amendment and supplementation of Vietnam patent applications

By
sblaw
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a/ Before the NOIP issues a notice on its rejection of an application, a notice on its refusal to grant a protection title or a decision on the grant of a protection title,the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

b/ In response to a request for amendment or  supplementation of the following documents,the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

(i) Invention description or abstract,for an invention registration application;

(ii) Drawings,photos or description,for an industrial design registration application;

(iii) Mark specimen,list of goods and services bearing the mark,for a mark registration application;

(iv) Description of distinct characteristics,a map of the geographical area subject to the geographical indication,for a geographical indication registration application.

c/ The amendment and supplementation of an application must not expand the protection coverage (or increase the protection volume) beyond the contents  disclosed in the description,for invention or industrial design registration applications,in the  list of goods and services,for mark registration applications,and must not change the nature of the object stated in the application. If the amendment expands the protection coverage (increases the protection volume) or changes the nature of the object sought to be protected,the applicant shall file a new application and all procedures shall be carried out a new.

d/ The applicant may request correction of errors in the names and addresses of the applicant and the author.

e/ All requests for amendment and supplementation must be made in writing according to a set form (not printed herein). A request may be made for amendment of the same content related to many applications,provided that the requester pays a fee based on the number of to-be-amended applications.

f/ If the applicant amends or supplements the application’s documents on his/her own initiative after the NOIP issues a notice on acceptance of valid application,the amendments or supplements shall be made according to the provisions of Points 13.2,13.3 and 13.6 of this Circular. Amended and supplemented application contents shall be published in the Industrial Property Official Gazette
according to the provisions of Point 14 of this Circular and applicants shall pay a prescribed fee for such publication.

g/ The amendment and supplementation of an application,including change of the mandated party,which is made by the applicant on his/her own initiative or upon the request of the NOIP,must be made in writing,clearly specifying the amended and supplemented contents,and enclosed with an amendment and supplementation fee receipt. Documents containing amendments and supplements to applications must comply with the relevant provisions of Points 7,10 and 13 of this Circular

Patent registration through PCT in Vietnam

By
sblaw
-

1. The agency competent to receive international patent applications in Vietnam is the NOIP.  The NOIP shall:

a/ Receive international applications originating in Vietnam;

b/ Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation Treaty – PCT (hereinafter referred to as the Treaty);
c/ Check whether or not the fees are paid on time;

d/ Check and process international applications originating in Vietnam under the Treaty;

e/ Identify objects sought to be protected: If objects sought to be protected of applications are classified as national secrets, next steps shall not be performed and paid fees shall be refunded to  applicants, except for the fees for sending and copying international applications;

f/ Send a copy (file copy) of an international application originating in Vietnam to the International Bureau and another copy (search copy) to the International Search Office;

g/ Send and receive mails to/from applicants and the International Bureaus.
 
2. Languages

International applications originating in Vietnam and filed to the NOIP must be in English. An application shall be made in three copies.  For applications with insufficient copies, the NOIP shall make additional copies and applicants shall pay the copying fee. 

3. International search offices and international preliminary examination offices

For international applications originating in Vietnam, competent international search offices and international preliminary examination offices are patent offices, industrial property or intellectual property offices of Australia, Austria, the Russian Federation, Sweden, the Republic of Korea and the European Patent Office.

4. International applications designating Vietnam

a/ If an international application designates Vietnam, the NOIP is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of  priority, to the NOIP the following:  

(i)    Written declaration requesting invention registration, made according to a set form (not printed herein);

(ii)   Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

(iii)            Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy  and explanation of modified contents, if the international application has been modified under Article 19 of the Treaty);

(iv)           National charges and fees.

b/ International applications filed with the NOIP within six months after the expiration of the time limit specified at Point 27.4.a above may be accepted on the condition that applicants pay the prescribed charges and fees. 

5. International applications electing Vietnam

a/ If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the  following documents: 
(i) Written declaration requesting invention registration, made according to a set form (not printed herein); 
(ii) Vietnamese translation of the international application: The description, consisting of a description  section, protection request, annotations for drawings and abstract (the published copy or initially filed  original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or  Article 34(2)(b) of the Treaty); 
(iii) Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested); 
(iv) National charges and fees. 
b/ International applications filed with the NOIP within six months after the expiration of the time limit specified at Point 27.5.a above may be accepted on the condition that applicants pay the prescribed charges and fees. 

6. Claims for priority

To enjoy the priority, an applicant shall reaffirm  it in the written declaration, pay the charge for priority claim and submit, upon the NOIP’s request, Vietnamese translations of necessary documents already submitted to the International Bureau as  defined in Rule 17.1(a) of the Regulation on  implementation of the Treaty.

For PCT applications, the handling of claims for  priority shall comply with the Treaty and the Regulation on implementation of the Treaty.

Issuing the Patent Certificate in Vietnam

By
sblaw
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If the patent is granted, the NOIP shall request the applicant to pay the fee for the grant of a patent, the fee for notification of the patent grant decision, the registration fee and the fee for maintenance of the first year’s validity of the patent.

Within 10 days after applicants pay fully and on time the fees and charges, the NOIP shall carry out the procedures for granting the patent for the invention.

The Patent shall be recorded in the National Register of Inventions and the decision on granting the patent shall be published by the NOIP in the Industrial Property Official Gazette within two (2) months from the date of issuance and after applicants pay a publication fee.

The Decision of Refusal of patent application

By
sblaw
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If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application.

When dissatisfaction is in the decision of refusal of examiners, the applicant may appeal against the decision of refusal with Director General of NOIP or initiate lawsuits at court in accordance with procedures mentioned in the item (4) above.

Notification of the Substantive Examination Results of patent application

By
sblaw
-

On the date of expiration of the time limit for substantive examination of an application at the latest, the NOIP shall send to the applicant one of the following notices:

–              a notice on its intended refusal to grant a patent, clearly stating the reason(s) for refusal, possibly guiding the change of the protection scope and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to give opinions and satisfy the requirements (The applicant may request prolongation of the time limit), if the object claimed in the application fails to satisfy the protection conditions.

–              a notice on its intended refusal to grant a patent, clearly pointing out errors and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to justify or correct errors. (The applicant may request prolongation of the time limit), if the object claimed in the application satisfies the protection conditions but the application still contains errors.

–              or makes reasonable justifications within the time limit abovea notice on its intended grant of a patent and request the applicant to pay the fee as referred to in the Item (10), if the object claimed in the application satisfies the protection conditions or makes reasonable justifications within the time limit above.

The Substantive Examination of patent application

By
sblaw
-

The purpose of substantive examination of patent applications is to assess the patentability of objects claimed in the application under the requirements and corresponding protection scope.

A substantive examination will be carried out by examiners of the NOIP within 12 months from the date of receiving the request for substantive examination.

If the applicant, in the course of substantive examination, corrects or supplements documents or makes justifications on his/her own initiative or upon the request of the NOIP, the time limit for substantive examination may be prolonged for a period of time during which the applicant does so.

Request for the Substantive Examination of patent application

By
sblaw
-

An substantive examination of the application will be carried out only for which the applicant or a third party has filed a request for examination and paid the examination fees within 42 months as of the filing date or the priority date, as applicable, and the time limit for making request for substantive examination of an patent application involving a request for a utility solution patent shall be 36 months counting from the filing date or the priority date, as applicable.

Where no request for substantive examination is filed within the time limit mentioned above, the invention registration application shall be considered having been withdrawn at the expiration of that time limit.

Publication of the Vietnam Patent Application

By
sblaw
-

IP Vietnam Law regulated the publication of Vietnam patent application as follows:

The patent application accepted as valid shall be published by the NOIP in its Industrial Property Official Gazette in the nineteenth (19) month from the date of priority or the filing date in case the application has no date of priority or within two (2) months after being accepted as a valid application, whichever is later for oppositions and comments of third parties.

Applicants shall pay a fee for such publication.

Patent applications under the Patent Cooperation Treaty (PCT) shall be published within two (2) months from the date it is accepted as a valid application and enters the national phase.

Patent applications containing a request for earlier publication shall be published within two (2) months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Refuse to accept the valid patent application

By
sblaw
-

The refuse to accept the valid patent application is regulated as follows:

If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application and, upon the applicant’s request, refund the paid fees and charges for jobs to be done after the formality examination.

The applicant and all organizations and individuals having rights and interests directly related to decision may lodge complaints with the Director General of NOIP or initiate a lawsuit at court if they disagree with this decision within 90 days from the date the person having the right to complaint receives the notice of this decision.

Within 10 days from the date of receipt of a complaint about the decision of refusal, NOIP shall issue a notice of acceptance or rejection of such complaint, clearly stating the reason(s) for rejection.

Upon the expiration of the time limit for settlement of the complaint about the decision concerning the patent application (the 1st complaints), if the complaint is not settled or complainants disagree with complaint-settling decisions of the NOIP, the complainants or persons having rights and interests directly related to the decision may further lodge their complaints (the 2ndcomplaints) to the Minister of Science and Technology or initiate lawsuits at court within 30 days from the date of expiration of the time limit for settlement of the 1st complaint if by that date the 1st complaint is not settled, or from the date the person having the right to complaint receives or knows about the decision on settlement of the 1st complaint.

Upon the expiration of the time limit for settlement of the 2nd complaint above or if the complainant disagree with complaint-settling decisions of the Minister of Science and Technology, such complainant or person may initiate lawsuits at court.

Request for correction and amendment of Vietnam patent application

By
sblaw
-

Request for correction and amendment of Vietnam patent application is regulated as follows:

Before the expiration of the time limit above, the NOIP shall complete the formality examination of applications and send notices on examination results to applicants.

For a valid application, the NOIP shall send to the applicant a notice on acceptance of valid application.

For an application failing to meet formal requirements, the NOIP shall issue:

A notice of intended refusal to accept valid applications, clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal and set a time limit of one month from the date of notification for the applicant to give opinions or correct errors;

Formality examination of Vietnam patent

By
sblaw
-

A patent application filed with the NOIP shall be subject to formal examination for evaluating its validity.

The time limit for formality examination of an application is one (1) month from the filing date.

In the course of formality examination, if the applicant corrects or supplements documents on his/her own initiative or upon the request of the NOIP, the time limit for formality examination may be prolonged for a period of time during which documents are corrected or supplemented.

The first-to-file principle for filling patent application in Vietnam

By
sblaw
-

Viet Nam adopts the first-to-file system, i.e. where two or more applications are filed by many different parties for registration of the same invention, the patent may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions;

Where there are two or more applications satisfying all the conditions for the grant of patent and having the same earliest priority or filing date, the patent may only be granted to a single application out of these applications under an agreement by all applicants.

Without such an agreement, all these applications shall be refused for the grant of a patent.

Accordingly, it is advisable to file an application for a patent as soon as possible after the invention and not to make the invention public before filing the application.

Filing the patent application in Vietnam

By
sblaw
-
Single Red Document Folder among Many Blue on White Background 3D Illustration, Find Documents Concept

In order to obtain the patent right in Viet Nam, you must file the application for granting a Patent (for Invention and for Utility solution separately), directly or by mail, to the National Office of Intellectual Property of Viet Nam (NOIP) or its branches offices in Ho Chi Minh City or Da Nang.

Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a patent either directly or through a lawful representative in Viet Nam.

Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a patent through a lawful representative in Viet Nam.

Besides, foreign applicants can also obtain a patent right in Viet Nam by filing an international application which designates or selects Viet Nam through the PCT system.

Applicant must carry out procedures for registration of an invention under the PCT’s provisions at NOIP within 31 months from the international filing date or from the priority date, if the priority right is claimed in the application.

Patent Examination Procedure under Vietnam IP Law

By
sblaw
-

Patent examination procedure is regulated as follows:

Applicants should be aware of the examination process a patent going through the National Office of Intellectual Property of Viet Nam (NOIP). This process is begun with the filing of a patent application with NOIP and completed by granting a patent

Patent examination procedure consists of following steps:

 

  1. Filling the patent application.
  2. Formality examination
  3. Request for correction and amendment
  4. Refuse to accept the valid application
  5. Publication of the Patent Application
  6. Request for the Substantive Examination
  7. The Substantive Examination
  8. The Substantive Examination
  9. Notification of the Substantive Examination Results
  10.  The Decision of Refusal
  11. Request to pay fee
  12. Entry into the National Register of Industrial Property and publication of the patent

Required documents of patent application in Vietnam

By
sblaw
-

To file a patent in Vietnam, required documents of patent application are as follows:

a)  A request made in prescribed form);

b)  Documents, samples, information identifying the invention/utility solution claimed for protection (e.g. a request, a description of the invention, an abstract, and other requirements for inventions in the field of biotechnologies, pharmaceuticals, generic resources and traditional knowledge);

c)  Power of attorneys (POA);

d)  Documents evidencing the right to registration, if acquired by the applicant from another person;

e)   Documents evidencing the priority right, if claimed;

f)   Receipt of fees and charges.

All documents of the patent application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.

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