Vietnam Patent Requirements
Patent in Vietnam: In order to apply and file for a patent in Vietnam you need to provide 1. Patent Information, and you need to send to the Attorney the 2. Power of Attorney for Vietnam and the 3. Assignment Document if required.
1.- Filing information
For Convention Applications or Direct Applications
1. Our filled out patent order form.
2. Copy of the specification of invention including claims and drawings.
3. Vietnamese translation (Specifications and Priority document).
4. Declaration of Inventor in favor of the applicant, if applicant is different than the inventor.
5. Certified Priority Document with application number and country of origin.
For Applications based on International Applications (PCT)
1. Our filled out patent order form.
2. PCT publication and International Search Report.
3. Indication if Preliminary Examination has been taken (Chapter II).
4. Vietnamese translation indicating if there has been any amendment to the PCT original filing.
Annuity:
Patent holder shall pay annuity for each year left in the 20-year term after a patent is granted. Please note that the 20-year term will be counted from prioirty date but patent holder shall only pay annuity from the year of granting patent. At granting, patent holder shall pay the 1st year annuity besides issuance, publication and registration fees. The due date for paying next annuity is the next anniversary of the granting date (not priority or filing date).
Exam:
The time limit for filing request for substantive examination is 42 month from the priority date or date of international application.
Note:
Comment date August 2002: All PCT applications where the 21-month deadline for entering the national phase falls on or after April 01 2002 will now follow the 31-month deadline. Hence, if the Priority Date is on or after August 1 2000, the 31-month rule will apply
2.- Power of Attorney
Simple signed copy, to be sent by fax and post within 30 days.
3.- Patent in Vietnam
Concession of the Patent Grant: 20 years
Concession of the Utility Model or Design Application: 15 years
Member of the Paris Convention: Yes
Vietnam is a Member of the PCT: Yes
4.- Application Process
1. Patent Filing
2. Preliminary Exam
3. Patent Publication: 18 months from the priority date
4. Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
5. 90 days to respond office action from the formal examination.
6. Acceptance or rejection
7. Payment of the Final Taxes and Title.