HOW TO REGISTER A PATENT/UTILITY SOLUTION IN VIETNAM

I.         FOR PCT APPLICATION ENTRY Requirements:

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

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 is 31 months from the earliest priority date for the PCT application.

II.         FOR CONVENTIONAL & NON-CONVENTIONAL FILINGS Requirements:

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:

• Applicant is individual not the inventor; or
• Applicant is organization not the applicant of the priority

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 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
• Cost for request for substantive examination is charged for each independent

IV.         TIME LIMIT

• Time limit for a PCT Application entering into National Phase of Vietnam: 31 months from the earliest priority date or PCT filing
• 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
• Substantive examination: 18 months from the patent application’s publication date or date of receipt of Request for Substantive Examination, whichever is
• Estimated time for obtaining patent: from 36-42 months from the patent application’s filing

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 order to maintain the validity of a patent, the patent’s owner shall have to pay patent annuity fees. If the Patent’s owner fails to pay patent annuity fees before or within the prescribed time limit, the validity of the Patent shall ex-officio/automatically be terminated from the first day of the year for which the annuity fees have not been paid. 6-month grace period for late payment of patent annuity fees is applied in

VI.         COST

For more detailed information and timely advice, please contact us immediately:

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ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi