SB Law would like to provide some information about filling patent application claiming priority of Japanese patent application under the Paris Convention as follows:
1. Timeframe for examination of a patent application.
A patent application will be examined through the following process:
i) Formality examination: The Patent application undergoes one-month formality examination counted from the filing date.
ii) Publication: The Patent application is published within 2 months from the date such application is accepted as being valid.
iii) Substantive examination: The result of substantive examination is expected available within 18 months from the date of filing of the request for substantive examination (if it is filed after the publication date) or from the publication date (if it is filed before the publication date).
iv) Granting: Within 01 month from the date of Notification to Grant Patent for Invention/Utility model, the Applicant shall have to pay the registration and publication fees. The Patent shall then be granted and published in the Industrial Property Gazette within 02 months from date of Notification.
2. The required documents
In order to file a patent application in Vietnam, your client is required to provide with us the following document:
i) The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date). Please find enclosed the form of POA for your simple prosecution
ii) Certificated copy of Japanese Patent Application which is strictly required within 01 month from the filing date.
iii) A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction
3. Other information:
i) Deadline: Please be informed that the deadline for entering into Vietnamese national phase of a patent application under Paris Convention is 12 months from the priority date.
ii) According to our practical experience, Vietnamese examiners intend to base on examination results by their co-partners from prestigious Patent Offices, e.g. EPO, USPTO or JPO. Therefore in order to accelerate the examination procedure of patent application, the applicant should provide the Vietnamese Patent Office the granting information of the corresponding application.
If you would like further information on Filing patent application claiming priority of Japanese patent application under the Paris Convention, please either email to our Partners at: info@sblaw.vn or call to our Office:
Ha Noi Office: +84 (4) 62 62 0246
HCM Office: +84 (8) 35 208 101.
