What Attention for Filing PCT Patent Application in Vietnam in 2023?
There are individuals
and companies that believe that by filing a trademark, patent or industrial
design application in the host country, they will automatically receive
worldwide protection. However, in fact, intellectual property rights are
territorial related and Intellectual Property (IP) government offices only
grant protection titles according to the laws of the relevant countries (or
region). Therefore, the Patent Cooperation Treaty (PCT) was born and signed by
the member countries on June 19, 1970 in Washington, the PCT entered into force
on June 1, 1978. Vietnam joined the PCT on March 10, 1993.
According to the
definition of Vietnam law, an invention is a technical solution in the form of
a product or process that aims to solve a defined problem by applying natural
laws. In order to be able to obtain patent protection in different countries,
an applicant can apply for protection through the PCT, either directly or
within 12 months from the date of filing the first patent application filed in
a country party to the Paris Convention, designating all countries wishing to
register on the same application form, in the same language, and pay a fee.
The applicant needs to
prepare a set of application including the following documents:
-02 Patent registration
declarations according to Form 01-SC, specified in Appendix A of Circular
16/2016/TT-BKHCN.
-01 Vietnamese
translation of the description and summary in the international application
(published copy or original submitted, if the application has not been
published, and the revised version and explanation of the amendment, if the
international application is amended under Article 19 and/or Article 34.2(b) of
the Treaty).
-01 Vietnamese
translation of the appendices to the international preliminary assessment
report (when substantive examination is requested).
-01 original copy of
payment receipt (in case of payment of fees and charges via postal service or
directly into the account of the National Office of Intellectual Property).
-01 Power of Attorney
(in case the application is submitted through a representative).
After fully preparing
the application, the applicant submits the application at the National Office
of Intellectual Property under the Ministry of Science and Technology.
The time limit for
formal examination is 1 month from the date of application submission.
Applications will be published in the 19th month from the priority date or the
filing date, if the application does not have a priority date, or within 2
months from the date of acceptance of the valid application, whichever is
later. The time limit for substantive examination is not more than 18 months
from the date of application publication if the request for substantive
examination is filed before the date of application publication or from the
date of receipt of the request for substantive examination if such request is
filed after date of publication of application.
One of the important
steps in filing PCT patent application in Vietnam is to make sure the
translation into Vietnamese language match up with the original language.
Patent attorneys at ANT Lawyers – a law firm in Vietnam will assist along the
process including the translation of the patent and work with the national
office of intellectual property in Vietnam to follow the instructions to
complete the registration process in Vietnam.
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