Question: One of our client needs to file a application in Vietnam. Please let us have your latest schedule of fee and help us to answer the following questions:
1.Please introduce the brief process for filling a application(including substantive examination) and how long it may take to grant a patent since the filing date.
2.Please let us know if you can translate Chinese into the official language acceptable by the IP Office and the cost for it.
Answen: We refer with thanks to your email concerning the above matter and we would like to advise as below:
1. The schedule of charge
i. Filing fees:
For your reference, the estimated costs for filing a patent application are calculated based on the number of independent claims, page of Vietnamese specification (estimated as the Chinese/English version of specification and drawings), priority claim and words of specification. Detail as follows:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Filing a patent application (with one independent claim and not exceed 5 pages of specification) |
11.00 |
120.00 |
| – Addition fee for each independent claim from the second one |
10.70 |
45.00 |
| – Additional fee for each page of specification from the sixth
one |
0.70 |
1.00 |
| 2. Publication of patent application |
7.30 |
35.00 |
| 3. Request for substantive examination |
32.80 |
50.00 |
| – Additional charge for each independent claim from the
second one |
30.00 |
40.00 |
| 4. Translating fee from English/Chinese into Vietnamese (US$6.50 per 100 words) |
– |
Word basic |
| 5. Claiming priority (for each earlier application) |
36.40 |
50.00 |
ii. Estimated fee for granting:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Granting patent for patent (including Register and Publication) for the first independent claim |
22.00 |
50.00 |
| – Additional charge for each independent claim from the
second one |
6.00 |
10.00 |
| 2. Annuities fee for the first year for the first independent claim |
20.00 |
50.00 |
| – Additional charge for each independent claim from the
second one |
20.00 |
0.00 |
Note: The above cost does not include 5% VAT (which is calculated based on our attorney’s fees) and communication costs (which will be billed on the basic of actual expenses). No other fees are payable in case the application goes smoothly, without any objection from a third party or the NOIP’s examiner. Fees for responding to any official action include fee for filing a response to official action shall be informed, if any.
2. Timeframe for examination of a patent application.
A patent application will be examined through the following process:
i) Formality examination: The Patent application undergoes one-month formality examination counted from the filing date.
ii) Publication: The Patent application is published within 2 months from the date such application is accepted as being valid.
iii) Substantive examination: The result of substantive examination is expected available within 18 months from the date of filing of the request for substantive examination (if it is filed after the publication date) or from the publication date (if it is filed before the publication date).
iv) Granting: Within 01 month from the date of Notification to Grant Patent for Invention/Utility model, the Applicant shall have to pay the registration and publication fees. The Patent shall then be granted and published in the Industrial Property Gazette within 02 months from date of Notification.
3. The required documents
In order to file a patent application in Vietnam, your client is required to provide with us the following document:
i) The Power of Attorney (as attached form) which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date). Please find enclosed the form of POA for your simple prosecution
ii) A soft copy in word format of the Chinese specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.
We do hope that the above mentioned matter will be useful for you. Should you have any enquiry, please do not hesitate to contact us.
Thanks for your co-operation.
