SBLAW would like to provide the client the legal procedure for registering patent in Vietnam as follows:
1. Criteria for protection of vietnam patent:
– Inventive step
– Industrial applicability
2. Time Frame of patent application in Vietnam
A patent application in Vietnam shall be passed through three stages:
|Time Frame||Content of examination|
|Formality examination||1 month from the filing date (if all required document are submitted) or from the
date of supplementation of all documents.
|Examination of formality of patent application|
|Publication of patent application||19 months counted from the date of acceptance of patent application||Publishing patent application in IP Gazette|
|Substantive examination||13 months from the publication date of required date||Examination of criteria of protection of patent application.|
3. Required document for filing patent application in Vietnam:
- Power of Attorney (PoA)
- Certified document for claiming priority right (if any). With respect to Enter PCT Patent into Vietnam, priority document is not required.
– PCT Patent Application can be filed without original POA at the filing date. However, a copy is filed at filing and the original should be submitted within 3 months from the filing date.
– Applications claiming Paris Convention priority must be filed within 12 months from the priority date.
– In Vietnam, the process of a patent application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
After receiving the above mentioned document, we will prepare and file patent application into NOIP.
4. Validity of protection:
20 years counted from the filing dates.