Patent registration through PCT

Patent registration through PCT

1. The agency competent to receive international patent applications in Vietnam is the NOIP.  The NOIP shall: 

a/ Receive international applications originating in Vietnam

b/ Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation Treaty - PCT (hereinafter referred to as the Treaty); 

c/ Check whether or not the fees are paid on time;

d/ Check and process international applications originating in Vietnam under the Treaty;

e/ Identify objects sought to be protected: If objects sought to be protected of applications are classified as national secrets, next steps shall not be performed and paid fees shall be refunded to  applicants, except for the fees for sending and copying international applications;

f/ Send a copy (file copy) of an international application originating in Vietnam to the International Bureau and another copy (search copy) to the International Search Office;

g/ Send and receive mails to/from applicants and the International Bureaus. 

Languages

International applications originating in Vietnam and filed to the NOIP must be in English. An application shall be made in three copies.  For applications with insufficient copies, the NOIP shall make additional copies and applicants shall pay the copying fee. 

International search offices and international preliminary examination offices

For international applications originating in Vietnam, competent international search offices and international preliminary examination offices are patent offices, industrial property or intellectual property offices of Australia, Austria, the Russian Federation, Sweden, the Republic of Korea and the European Patent Office.

International applications designating Vietnam

a/ If an international application designates Vietnam, the NOIP is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following: (i) Written declaration requesting invention registration, made according to a set form (not printed herein); (ii) Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication); 

(iii) Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 of the Treaty)

 (iv) National charges and fees.

 b/ International applications filed with the NOIP within six months after the expiration of the time limit specified at Point 27.4.a above may be accepted on the condition that applicants pay the prescribed charges and fees. 

International applications electing Vietnam 

a/ If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

(i) Written declaration requesting invention registration, made according to a set form (not printed herein);

(ii) Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or Article 34(2)(b) of the Treaty);

(iii) Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested); 

(iv) National charges and fees. 

b/ International applications filed with the NOIP within six months after the expiration of the time limit specified at Point 27.5.a above may be accepted on the condition that applicants pay the prescribed charges and fees. 

Claims for priority 

To enjoy the priority, an applicant shall reaffirm it in the written declaration, pay the charge for priority claim and submit, upon the NOIP’s request, Vietnamese translations of necessary documents already submitted to the International Bureau as defined in Rule 17.1(a) of the Regulation on implementation of the Treaty. 

For PCT applications, the handling of claims for priority shall comply with the Treaty and the Regulation on implementation of the Treaty.