Filing Requirements » Vietnam

REQUIRED INFORMATION

  • Full name, address and nationality of the applicant;
  • Full name, address and nationality of the inventor;
  • Title of the invention/utility solution;
  • Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
  • International filing number and publication number (in case of PCT applications entering the Vietnam National Phase).

REQUIRED DOCUMENTS:

  • A copy of Specification consisting of the title, description, Claims and abstract (English version);
  • Drawings (if any) - 01 copy;
  • Original Power of Attorney ( pdf file ) ( doc file ) (notarization is not required), of which a copy is accepted for filing an application but the original one must be submitted within 03 months from the filing date;
  • Certified copy of the priority document (only for applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date;
  • As to PCT applications entering the Vietnam National Phase, apart from the above documents, the following PCT documents are required: PCT publication, International Preliminary Examination Report (PCT/IPER/409) (if any), Notification of Change (PCT/IB/306) (if any), International Search Report (PCT/ISA/210)...

Notes:

5.1 As the Vietnamese version of the specification is required to be submitted at the filing, the English version should be early provided for the translation work as soon as possible.

5.2 The original Power of Attorney can be submitted within 34 months from the priority date.

GENERAL INFORMATION:

  • Term for PCT applications to enter the Vietnam National Phase is 31 months from the priority date;
  • Deed of Assignment and the Vietnamese translation of the priority document generally not required, but it may be required by the Vietnamese Patent Office in necessary cases;
  • A request for substantive examination must be filed within 42 months (as to invention) or 36 months (as to utility solution) from the first priority date;
  • Time for formality examination is 01 month from the filing date and for substantive examination is 12 months from the publishing date (if the request for substantive examination is filed before the publishing date) or from the request date (if the request is filed after the publishing date);
  • A Patent is effective from the granting date. The validity term of a Patent is 20 years (as for invention) or 10 years (as for utility solution) from the regular filing date;
  • Annuity is required to be paid only after a Patent is granted.