Patent / Utility Solution

A GUIDE TO FILING A PATENT/UTILITY SOLUTION APPLICATION IN VIETNAM

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A. PCT APPLICATION

Filing deadline

1. The deadline for a PCT application to enter Vietnam National Phase is 31 months from the earliest priority date (or the international filing date if the international application does not claim priority right).
2. A grace period for nationalizing a PCT application in Vietnam is not obtainable unless the late filing is caused by force majeure (wars, natural disasters, accidents…).

Required information

1. Full name(s), address(es) and nationality(ies) of the applicant(s);
2. Full name(s), address(es) and nationality(ies) of the inventor(s);
3. Country(ies), application number(s) and filing date(s) of the priority application(s);
4. PCT application/publication number.

Required documents

1. An English version of the specification (preferably in Word format).
2. Power of Attorney (POA) (notarization/legalization is not required). (PDF file) (DOC file)
3. Notification of the Recording of a Change (PCT/IB/306), Amendments under Article 19, Amendments under Article 34, if any.

Note: Priority document(s) is/are NOT required

B. PARIS CONVENTION APPLICATION

Filing deadline

1. The deadline for filing an application claiming priority under the Paris convention is 12 months from the priority date.
2. There is no grace period for claiming priority right, unless the late filing is caused by force majeure (wars, natural disasters, accidents…).

Required information

1. Full name(s), address(es) and nationality(ies) of the applicant(s);
2. Full name(s), address(es) and nationality(ies) of the inventor(s);
3. Country(ies), application number(s) and filing date(s) of the priority application(s);
4. International Patent Classification (IPC) of the invention. If this information is not provided, fees for classifying the invention will be charged.

Required documents

1. An English version of the specification (preferably in Word format)
2. Power of Attorney (POA) (notarization/legalization is NOT required) ( PDF file ) ( DOC file )
3. Priority document(s)
   – The deadline for submitting the priority document(s) is 3 months from the filing date. This deadline is non-extendable.

C. REGULAR APPLICATION

Required information

1. Full name(s), address(es) and nationality(ies) of the applicant(s);
2. Full name(s), address(es) and nationality(ies) of the inventor(s);
3. International Patent Classification (IPC) if the invention.

Required documents

1. An English version of the specification (preferably in Word format)
2. Power of Attorney (POA) (notarization/legalization is NOT required) ( PDF file ) ( DOC file ).

PROCEDURES

Patent/utility solution applications will be formally examined, then published, and then substantively examined.

Formality examination

– For non-PCT application, formality examination period is 01 month from either (i) the filing date (if all required documents have been submitted), or (ii) the date on which the NOIP receives all required documents, whichever is later.

– The time to start formally examining a national phase application of a PCT application is the first day of the 32^nd month from the earliest priority date. Formality examination period is 01 month from either (i) the start date (if all required documents have been submitted), or (ii) the date on which the NOIP receives all required documents, whichever is later.

– In practice, this period is often delayed due to the NOIP’s backlog. If the examination results are positive, the NOIP will issue a Decision on acceptance of the application. On the contrary, the NOIP will issue a formality Office action.

Publication
A valid patent/utility solution application is published in the 19^th month from either (i) the earliest priority date or the filing date (if no priority is claimed), or (ii) within 02 months from the date of official acceptance of valid application, whichever is later.

Substantive examination
– For patent applications, a request for substantive examination together with examination fees must be filed within 42 months from the earliest priority date;

– For utility solution applications, a request for substantive examination together with examination fees must be filed within 36 months from the earliest priority date;

– It is impossible to extend the deadline unless the delay is caused by force majeure (wars, natural disasters, accidents…).

– Under the regulations, the substantive examination period is 18 months from either (i) the publication date (if the request for substantive examination is filed before the publication date), or (ii) the request date (if the request is filed after the publication date). However, this period is often delayed in reality.

– Vietnamese examiners often rely on the examination outcomes of large patent offices, such as the USPTO, EPO, JPO, KIPO, SIPO, etc., of the equivalent applications when examining Vietnamese applications. Thus, to accelerate the examination process, you are advised to inform us of equivalent patents once they are granted.

Annuities

– The validity term of an Invention Patent is 20 years and of a Utility Solution Patent is 10 years from the regular filing date;

– Annuity is required to be paid only after a Patent is granted;

– The first annuity is paid together with granting fees. Next annuities are due on the anniversary of the granting date;

– A grace period of 6 months is available with a surcharge of 10% of the fees for each month late.