Q&A about patent filling in Vietnam

Question: How many prosecution/office actions are issued on an average for patent applications in Vietnam?

SBLAW: There are 3 main types of notifications during the examination process, in details:

- Formality examination notification: If a patent application has formal defect(s), a notification of formality examination result will be issued. Otherwise, if there is no formal defect, IPVN will issue an acceptance decision.

- Substantive examination notification (Office action): This notification will be issued when the application does not meet requirements for protection, and/or the examiner suggests amending specification to reflect the granted counterpart patent (especially for national phase filing of PCT application) to accelerate the examination process.

- Notification of granting patent: The applicant will pay granting fee to receive patent. To conclude, regarding office action for average smooth cases, there will only 01 office action to be issued.

Question: How long does it take from filing an application/requesting examination for a patent application to be granted?

SBLAW: As regulated in the Vietnam IP Law, it usually takes 24 months for a patent application to be granted. However, due to the overload of patent applications at IPVN, the actual duration is currently 36–48 months on average.

Question: How long does it take for the patent office to issue the first office action after filing/requesting substantive examination?

SBLAW: The first office action will be issued within 21 months from the filing date as regulated in the Vietnam IP Law. However, for the same reason, the actual duration is currently taking 30-36 months on average.

Question: What is the statutory deadline for filing a response to an office action?

SBLAW: It is 3 months from the issuance date of office action, and can be extended once.

Question: What is your typical fee for such a non-routine office action? Alternatively, what is the average time you bill for such an office action?

SBLAW: Basically, our typical fee for an office action is 350.00 USD for 2 billable hours. A partner and an associate usually take 1 hour each to proceed with the response to office action.