PROCEDURES FOR PCT APPLICATIONS IN VIETNAM NATIONAL PHASE

Deadline For PCT National Phase Entry In Vietnam

The time limit for PCT applications to enter the Vietnam National Phase is 31 months the international filing date or the earliest priority date, if claimed. It is notable that the deadline is non-extendable, except for cases of force majeure (e.g. wars, disasters....).

Filing Document Requirements

• Specification consisting of the title, description, claims, abstract and drawings (if any) in Vietnamese language;
• Power of Attorney (notarization is not required);
• Amendments, if any;
• PCT application-related documents, such as: 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)...    

Formality Examination

The international filing date of the PCT application is considered as the filing date in the Vietnam national phase.

Time for formality examination is 01 month counted the date on which the PCT application enters the national phase, usually the first date of the 32^nd month since the earliest priority date.

If the application has any deficiencies, a Notification of intention to refuse the Acceptance of the Application will be issued by the Intellectual Property Office of Vietnam (IP Vietnam) to invite the Applicant to correct in a predefined time limit of 2 months the date of Notice issuance.

Where the application fulfills all requirements of formality, the IP Vietnam will issue a Decision on Acceptance of the Application.

Publication And Opposition

Valid patent applications are published in the Official Gazette on Industrial Property either in the 19^th month computed priority date or Vietnamese filing date (if no priority is claimed), or within 02 months computed the date of official acceptance of applications, depending on whichever date comes later. To expedite the examination process, it is advisable to file a request of early publication.

the date of publication until the grant of a patent, the application is subject to opposition by any third party. It is important to note that there are two distinct opposition procedures with different legal implications: (i) if an opposition is made within 09 months the publication date, the opposition will undergo a mandatory and defined procedure for evaluation; (ii) However, if an opposition is submitted after the aforementioned 09-month period, it will only be considered as a reference for the examination process. 

Substantive Examination

A request for substantive examination must be filed to enable the substantive examination of the application. It can be submitted right at the filing time of the application or afterwards but within 42 months since the filing date or the earliest priority date.

Theoretically, time for substantive examination is 18 months the publishing date (if the request for substantive examination is filed before the publishing date) or the request date (if the request is filed after the publishing date). However, in practice, due to the backlog of pending applications at the IP VIETNAM, it may take up 3 to 5 years for the examination process to be completed.

If the application is qualified for patent protection, the IP VIETNAM will issue a Notification of Intention to Grant a Patent.

If the application does not fulfill the patentable requirements, the IP VIETNAM will issue a Notification on Intention to Refuse the Grant of Patent, which cites reasons of the refusal. The Applicant has the right to respond to such provisional refusal within a 3-month period, which can be extended to another period of 3 months.

In case the Applicant fails to respond or submit unreasonable response, the IP VIETNAM will issue a Decision to officially refuse to grant the Patent.

Appeal

If the Applicant or any third party does not agree with any Decision issued by the IP VIETNAM, they are entitled to either appeal against such decision, or bring an action against it before the Administrative Court.

Grant Of Patent

The Notification of Intention to Grant a Patent sets a time limit of 3 months, for the Applicant to pay required granting fees.

After the payment of granting fees, the Patent will typically be issued within 2-3 months the date of payment.

Maintenance Of Patent

The validity term of an Invention Patent is 20 years and of a Utility Solution Patent is 10 years the regular filing date and the Patent is effective the granting date.

Annuity is required to be paid only after a Patent is granted.

The patent holder is required to pay annuity fee every year to maintain the validity of the patent.

Representation By A Local Patent Attorney

For foreign applicants, it is required to perform the PCT national phase entry in Vietnam through a Vietnamese registered patent attorney or agent.

How May We Help?

Our highly-experienced Vietnamese Patent Attorneys are always at your disposal when it comes to entering PCT national phase in Vietnam. We are competent to handle PCT applications across various technical fields. With our in-depth knowledge and qualifications in patent matters, we ensure the most effective and legally binding prosecution of your PCT entry in Vietnam.

Please feel free to contact us via email at ip@trantran.vn or give us a phone call at +84-24-37327466. Additionally, you can also reach out to us through LinkedIn, WhatsApp (+84917913266), WeChat (+84917913266), or any other preferred messaging platform.