A patent application could be registered in Vietnam under one of three following routes:
■ Direct filing
Filing requirements
- Full name(s), address(es) and nationality(ies) of the applicant(s) and inventor(s).
- International Patent Classification (IPC) of the invention.
- A Power of Attorney (PoA) is simply signed by a legal representative of the applicant(s) with full name and position of the signer, neither notarization nor legalization is requested.
- A faxed or scanned copy of PoA is accepted at the filing but the original shall be submitted within 01 month from the filing date. - An English version of the invention specification including title of the invention, field of the invention, background art, objective of the invention, summary of the invention, brief description of the accompanied drawings (if applicable), detailed description of the invention, example(s) of the invention realization, claims and abstract (not in excess of 150 words).
- A Vietnamese translation version of the invention specification (required at filing).
■ Paris Conventional filing
Filing deadline
The deadline for filing an invention application claiming the Paris Convention priority is 12 months counting from the priority date.
Filing requirements
- Full name(s), address(es) and nationality(ies) of the applicant(s) and inventor(s).
- International Patent Classification (IPC) of the invention.
- A Power of Attorney (PoA) is simply signed by a legal representative of the applicant(s) with full name and position of the signer, neither notarization nor legalization is requested.
- A faxed or scanned copy of PoA is accepted at the filing but the original shall be submitted within 01 month from the filing date. - An English version of the invention specification including title of the invention, field of the invention, background art, objective of the invention, summary of the invention, brief description of the accompanied drawings (if applicable), detailed description of the invention, example(s) of the invention realization, claims and abstract (not in excess of 150 words).
- Vietnamese translation version of the invention specification (required at filing).
- Name of country(ies), application number(s) and filing date(s) of the priority application(s).
- A certified copy(ies) of priority document(s).
■ PCT filing
Filing deadline
The deadline for a PCT application to enter into the Vietnamese National Phase is 31 months counting from the earliest priority date or the international filing date (if there is no priority date).
Filing requirements
In addition to the published information available in the WIPO’s patentscope, the applicant(s) shall provide with following documents:
- A Power of Attorney (PoA) is simply signed by a legal representative of the applicant(s) with full name and position of the signer, neither notarization nor legalization is requested.
- A faxed or scanned copy of PoA is accepted at the filing but the original shall be submitted within 34 months from the earliest priority date or the international filing date (if there is no priority date). - An English version of the invention specification in case the invention specification of PCT application is filed with source foreign language other than English.
- A Vietnamese translation version of the invention specification (required at filing).
- A request for voluntary amendment of application at entering into the Vietnamese National Phase (if any).
Procedure for patent registration in Vietnam
There are four (04) steps of patent application processing procedure in Vietnam.
Formality examination
- For non-PCT application, the completeness of the filing requirements shall be checked by the Vietnam IPO in one month from the filing date before the Vietnam IPO issues a decision on acceptance or notice on refusal of formality of application.
- For PCT application, the completeness of the filing requirements shall be checked by the Vietnam IPO in one month from the first day of the thirty-two (32nd) month counting from the earliest priority date or the international filing date (if there is no priority date).
Publication
The application upon formality acceptance shall be published on the IP Gazette in the nineteen (19th) month counting from the earliest priority date or the filing date (if there is no priority date) or within two (02) months counting from the date of formality acceptance, whichever is later.
Substantive examination
The assessment of novelty, inventive-step and industrial applicable of the invention shall be conducted by the Vietnam IPO within eighteen (18) months counting from the publication date (if the request for substantive examination is filed before the publication date) or the date of filing a request for substantive examination (if the request for substantive examination is filed after the publication date).
Granting patent
A notice of allowance and invitation to pay granting and 1st year annuity fees shall be issued after the Vietnam IPO completes the substantive examination. The applicant is required to pay these fees within three (03) months from the signing date of the notice. The Vietnam IPO shall issue a patent in around one (01) month thereafter.
(If you have any questions or suggestions, please get in touch with us at ip@concetti.vn or +84-243 8264 176.)
Thuy Nhung
