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Patent Protection in Vietnam I Patent Protection in Laos
Patent Protection in Cambodia I Patent Protection in Myanmar
PATENT PROTECTION IN VIETNAM
General Information I Patent Procedures I Filing Requirements
Patent Flow I Patent Team I Patent Search
PATENT PROCEDURES
Formality Examination
- All patent applications (including PCT applications) shall be subject to formality examination at NOIP, which will take place within 01 month from the date at which all the required documents are completely filed (the date may be the filing date or the date of supplementing documents).
During the formality examination stage, amendments or supplements to the filed application can be made, provided that they must not expand the scope (volume) of protection or change the nature of the invention, utility solution.
If the formality requirements are met, an official Notification of Acceptance will be issued by NOIP to applicant, in which official filing date, official filing number, and priority date are clearly determined and certified. To the contrary, the NOIP will reject the application with a Notification of Refusal of Acceptance or, where appropriate, notify and request the applicant to rectify the deficiencies.
Publication of accepted patent application
- All patent applications (including PCT ones) which have been accepted as to formality by NOIP will be published in Official IP Gazette, Volume A.
For non-PCT accepted applications, the time limit for publication is normally in 19th month from priority date, except some following cases:
(i) If a request for early publication is filed, the application shall be published within 2nd month from the date of the request or from the date of acceptance as to formality, depending on whichever comes later.
(ii) If a request for substantive examination is filed before the date of acceptance as to formality, the application shall be published within 2nd month from the date of acceptance.
(iii) If a request for substantive examination is filed after the date of acceptance as to formality but prior to the expiry of 18-month period from the priority date, then the application shall be published within 2nd month from the date of receipt of the request for substantive examination.
- For PCT accepted applications, the time limit for publication is within 2nd month from the date of acceptance.
Request for substantive examination
- All patent applications are subject to request for substantive examination within a prescribed time limit. Otherwise, the application shall be deemed to be abandoned.
Time limit for filing request for substantive examination is 42 month for invention and 36 month for utility solution counted from the priority date.
Publication of request for substantive examination: if the request is filed before the date of acceptance as to formality, it will be published simultaneously with the accepted application; if the request is filed after the date of acceptance, it will be published within 2nd month from the filling date of the request
Substantive examination
All patent applications which have been accepted as to formality and requested for substantive examination within prescribed time limit will be subject to substantive examination.
Time limit for substantive examination is 12 months from the date of filing request for examination or from the publication date of the application, depending on whichever comes later.
During the substantive examination stage, amendments or additions can be made to the filed application, provided that they must not change the nature of the invention, utility solution or extend the scope (volume) of protection claimed.
Refusal or Grant of Patent
- Upon expiry of the substantive examination stage, if the invention or utility solution is found not to be patentable, a Notification of Substantive Examination Result will be issued by NOIP to the applicant for amendments or corrections. Time limit for responding to the NOIP action is within 2 months from the date of issue, failure to do so will result in officially rejection of the application with a Notification of Refusal of Granting Patent issued by NOIP.
If the invention or utility solution is found to be patentable, a Patent will be granted under a Decision for Grant of Patent.
Publication of granted Patent
- All granted patents will be published in the official IP Gazette, Volume B.
- Time limit for the publication of granted patent is within 2nd month from the signing date of the Decision for Grant of Patent.
Annuity payment
- The first annuity shall be due on granting date.
Each of subsequent annuities must be paid within 6 months before the expiration date of preceding validity year.
A late payment of an annuity may be allowed within a 6-month grace period, subject to a fine of 10 percent of the respective annuity fee for each month overdue.
For more information concerning patent protection in Vietnam, please click to the desired section in the above menu or contact us.
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