Yes, several recent updates and changes have been introduced to streamline and clarify the patent examination process in Vietnam:
- Decree 65/2023/NĐ-CP: This decree, which took effect in July 2023, provides more detailed guidance on several aspects of patent applications:
- Dividing Applications: It clarifies the process for dividing a patent application into multiple applications, which can be useful if an invention has multiple independent inventions. This includes details on maintaining the original filing date and handling fees.
- Withdrawing Applications: It outlines the procedure for withdrawing a patent application, including timelines for the Intellectual Property Office to process the withdrawal and the implications for any future priority claims.
- Requesting Substantive Examination: It clarifies the process for requesting substantive examination, including how third parties can request examination and the associated fees.
- Converting Patent Applications: It details how to convert an application between an invention patent and a utility solution patent, including requirements for partial conversions.
- Circular 23/2023/TT-BKHCN: This circular, also effective from July 2023, provides updated guidelines on patent examination procedures:
- Formal Examination: It clarifies the criteria for invalidating applications, including issues like incorrect classification, missing information, and inconsistencies in the application.
- Substantive Examination: It provides more specific instructions on the substantive examination process, including how examiners assess novelty and inventive step, and how they utilize foreign examination results.
- Re-examination: It outlines the circumstances under which a re-examination can be requested and sets time limits for the re-examination process for different types of industrial property. [cite: 23/2023/TT-BKHCN]
- Annex I of Guidelines for Determining the Eligibility for Patent Protection of Claimed Subject Matter of Computer Program Related Inventions (Issued Dec 31, 2021): This annex provides much-needed clarity on the patentability of computer program-related inventions. It offers specific guidance on how to assess these inventions for novelty, inventive step, and industrial applicability, which can be particularly relevant for your client's interest in communication technology patents.
