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Tran & Tran
International Intellectual Property Law Firm
Tran & Tran
International Intellectual Property Law Firm

Patent in Vietnam

FILING INVENTIONS OR UTILITY SOLUTIONS IN VIETNAM

Please kindly provide Tran & Tran with following information

  1. Name, address and nationality of the applicant
  2. Name, address and nationality of the inventor
  3. Title of the invention/utility solution
  4. Country, application number and filing date of the original foreign application from which priority is claimed in case of priority application
  5. International filing number and publication number in case of PCT application.

Please kindly help fulfill following documents for filing process

  1. Power of Attorney (see our template in MS Word or PDF)
    The original Power of Attorney will be needed not later than 01 month from the date of filing Vietnamese version. For non-PCT applications, if original Power of Attorney is not available at the filing time, the fee for late submitting the document will be charged by Vietnam National Office of Intellectual Property (NOIP)
  2. Specifications of the invention/utility solution including the title, description, claims, abstract and drawings (if any) in English. Since it is compulsory to include Vietnamese version of the specifications in your first filing application dossiers in Vietnam, it would be appreciated to provide your instruction letter and English specification at the soonest for translation work. A good practice is 03 months before filing deadline.
  3. Certified copies of priority documents (if you apply for priority under the Paris Convention) not later than 01 month from the date of filing Vietnamese version date
  4. For PCT applications entering the Vietnam National Phase, apart from the above documents, please kindly provide some extra documents: PCT publication, International Preliminary Examination Report (PCT/IPER/409) (if any), Notification of the Recording of a Change (PCT/IB/306) (if any), International Search Report (PCT/ISA/210)… For PCT applications, we can download the specification from the WIPO database if you provide us with PCT application number or publication number.

Please kindly be reminded that

  1. Term for PCT applications to enter the Vietnam National Phase is 31 months from the priority date
  2. Deed of Assignment (see our template in MS Word or PDF) and the Vietnamese translation of the priority document is not compulsory, but may be required by the National Office of Intellectual Property  case by case
  3. A request for substantive examination must be filed within 42 months for invention and 36 months for utility solution from the first priority date
  4. It takes 01 month for formality examination from the filing date and for substantive examination is 18 months from the publishing date or from the request date depending on if the request for substantive examination is filed before or after the publishing date
  5. Valid patent applications are published in the 19th month from priority date or Vietnamese filing date (if no priority is claimed), or within 02 months from the date of official acceptance of applications, depending on which date comes later. You should make a request for early publication to accelerate the examination process. However, the fee for early publication request will be charged accordingly
  6. A  patent comes into effect from the granting date. The validity term of a patent is 20 yearsfor invention and 10 years for utility solution from the regular filing date
  7. Annuity is charged only after a patent is granted.