Patent Registration under PCT Procedure in Vietnam

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10^th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

 

Register Patent in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure:

Required Document

03 English written declaration for registration PCT application originating in Vietnam;

02 Written descriptions including images or drawings (if any) ;

02 written request of invention protection;

01 Original Power of Attorney;

Other related document (if only).

International Patent registration originating in Vietnam under PCT

Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)

The international search process:This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.

Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.

The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.

National or regional phase: international application shall be examined form and content as regulation of normal patent registration in each nation.

Note:

Applicants must specify which countries they want the international application to take effect.

Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP in Vietnam.

 

Read More

Brief Reminder of Time Schedule to Apply PCT Application into Vietnam

According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:

 

Vietnam patent 

If an international application designates Vietnam, the National Office of Intellectual Property in Vietnam (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:

-Written declaration requesting invention registration, made according to a set form;

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

-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 Patent Cooperation Treaty;

-National charges and fees.

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:

-Written declaration request;

-Sting invention registration, made according to a set form;

-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);

-Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);

-National charges and fees.

After having submitted the application, the time  when the processing of an international application designating or electing Vietnam in the national phase starts is the first day of the thirty second month from the date of priority if the applicant files no written request for entry into the national phase earlier than the above time limits. The international application shall be put to formality examination and substantive examination according to the procedures applicable to ordinary invention registration applications. If the applicant requests in writing earlier examination of his/her application and pay the prescribed charge, the international application shall be examined earlier than the time limit specified above in accordance with the provisions of Article 2 3(2) of the Treaty.

Please be noted that in addition to the cases where an international application is considered withdrawn specified in the Treaty and the Regulation on implementation of the Treaty, an international application designating or electing Vietnam shall be considered withdrawn if the national fees are not paid to the NOIP or there is no Vietnamese translation upon the expiration of the set time limit.

It is important to adhere to the deadline and patent attorney in Vietnam of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 

Read More