Patent and Utility Solution protection Vietnam

Patent Registration in Vietnam

I. REQUIREMENTS FOR PCT APPLICATION ENTRY

1. Name, address and nationality of applicant/inventor;
2. Information on the PCT application number or WIPO’s publication number;
3. Copy of amended patent specification (if any) for national phase entry;
4. Signed Power of Attorney of applicant appointing ELITE LAW FIRM as his/her patent agent in Vietnam; and
5. Signed Deed of Assignment, if applicant is not that of the international application.

Notes:

• Language of filing: Vietnamese;
• Original documents (4) and (5) are required within 34 months from priority date. Notarization is not required; and
• National phase deadline under both Chapter I and Chapter II is 31 month from priority date.

II. REQUIREMENTS FOR CONVENTIONAL & NON-CONVENTIONAL FILINGS

1. Name, address and nationality of applicant/inventor;
2. Copy of patent specification (in English);
3. Priority document where priority is claimed. Priority data (application number, filing date and country) is required at filing;
4. Signed Power of Attorney from applicant appointing ELITE LAW FIRM as his/her patent agent in Vietnam; and
5. Signed Deed of Assignment, requested only if:

(i)  Applicant is individual not the inventor; or

(ii) Applicant is organization not the applicant of the priority application.

Notes:

• Language of filing: Vietnamese;
• Originally certified copy of document (3) is required within 03 months from the patent application’s filing date; and
• Original of documents (4) & (5) are required within 01 month from the patent application’s filing date. Notarization on legalization is not required.

III. REQUEST FOR SUBSTANTIVE EXAMINATION

• Deadline for request for substantive examination is 42 months for inventions and 36 months for utility solutions from the patent application’s priority date.
• Cost for request for substantive examination is charged for each independent claim.

 IV. TIME LIMIT

• Formality examination: 01 month (i) from the patent application’s filing date for conventional and non-conventional applications or (ii) from the 1^st day of 32th month from the earliest priority date for PCT applications.
• Publication of application: (i) in 19^th month from the priority date or within 02 months from the patent application’s formality acceptance date, whichever is later for conventional and non-conventional applications or (ii) within 02 months from the patent application’s formality acceptance date for PCT applications.
• Substantive examination: 18 months from the patent application’s publication date or date of receipt of Request for Substantive Examination, whichever is later.
• Estimated time for obtaining patent: from 36-42 months from the patent application’s filing date.

V. VALIDITY TERM

A patent for invention is valid for 20 years from the filing date; a patent for utility solution is valid for 10 years from the filing date.

In case you require more information or require advice on Patent Registration in Vietnam as well as other IP matters, please do not hesitate to contact us via:

Email: info@lawfirmelite.com

Tel: (+84-24) 3 7373051

Fax: (+84-24) 3 7373056