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Patent Filing in Vietnam

Vietnam is a member of both PCT and Paris Convention. Patent application can be filed in Vietnam either by the route of PCT or by filing directly as a conventional application.

Term of patent: 20 years from the date of filing Patent Office: Vietnam Patent Office

 

Paradigm to obtain a patent in Vietnam:-
  • Filing of patent application
  • Preliminary examination before publication
  • Publication of the application after 18 months from the filing date or first priority date.
  • Examination can be requested at any time within 42 months from the date of priority or date of international application.
  • Compliance with the examiners office action within the given time
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • Patent holder shall pay annuity for each year left in the 20-year term after a patent is granted.
Documents required for filing of Patent Application in Vietnam

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • Vietnamese translation of the specification
  • Deed of Assignment
  • Declaration of Inventors
  • Power of Attorney
  • 2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • Vietnamese translation of the specification and priority documents
  • Power of Attorney
  • Declaration of Inventors
  • Deed of Assignment
Remarks:
  • Timeline for national phase entry in Vietnam is 31 months
  • Timeline for conventional filing is 12 months from date of priority