WINCO
VIETNAM - INTERNATIONAL PATENT, TRADEMARK & COPYRIGHT LAW FIRM

HEAD OFFICE:

343 Doi Can Street, Ba Dinh District,
Ha Noi, Viet Nam
Tel : (84-4) 3 7628119 * (84-4) 3 7628185
Fax : (84-4) 3 7628120 * (84-4) 3 7628526
E-mail: winco@fpt.vn 
Website: www.wincolaw.com.vn 

BRANCH OFFICE:

2nd Floor, Harbour View Tower,

35 Nguyen Hue Street, District No.1, Ho Chi Minh City.
Tel : (84-8) 3 8218291 * (84-8) 3 8214594
Fax : (84-8) 3 8218292
E-mail: info@winco.com.vn

 
 

FILING GUIDANCE TO OBTAIN PATENT FOR 

INVENTION AND UTILITY SOLUTION IN VIETNAM

REQUIRED INFORMATION

  1. Name, address and nationality of the applicant;
  2. Name, address and nationality of the inventor;
  3. Title of the invention/utility solution;
  4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
  5. International filing number and publication number (in case of PCT applications entering Vietnam National Phase).

REQUIRED DOCUMENTS:

  1. Specification with claims and an abstract (English version) - 02 copies;
  2. Drawings (if any) - 02 copies;
  3. Power of Attorney (POA) ( pdf file ) ( doc file ) (notarization is not required), of which the copy is accepted for filing application but the original one must be submitted within 03 months from the filing date;
  4. Certified priority documents (for only applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date;
  5. For PCT applications entering Vietnam National Phase: apart from the above documents, the following PCT documents are required: PCT publication, International Preliminary Examination Report (PCT/IPER/409), Notification of Change (PCT/IB/306), International Search Report (PCT/ISA/210)...

    Notes:

      • Since the Vietnamese version of the specification is required to be submitted within 31 months from the priority date, early sending English version is requested for translation work. If sending the specification causes inconvenience, the PCT application number or publication number should be early informed for downloading the specification from WIPO database;
      • The original POA can be submitted within 34 months from the priority date.

GENERAL INFORMATION:

  1. Term for PCT applications to enter Vietnam National Phase is 31 months from the priority date;
  2. Deed of Assignment ( pdf file ) ( doc file ) and Vietnamese translation of certified priority documents may be required by the Vietnamese Patent Office in necessary cases;
  3. A request for substantive examination must be filed within 42 months (for invention) or 36 months (for utility solution) from the first priority date;
  4. Time for formality examination is 01 month from the filing date and for substantive examination is 12 months (as for invention), 09 months (as for utility solution) from the date of filing a request for substantive examination;
  5. The validity term of a Patent is 20 years (as for invention) and 10 years (as for utility solution) from the regular filing date and effective from the granting date;
  6. Annuity is only required to be paid after a Patent is granted.

 

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