The Patent Cooperation Treaty (Patent Cooperation Treaty) abbreviated as PCT was signed on June 19, 1970 in Washington. The PCT came into effect on June 1, 1978, and Vietnam joined the PCT on October 3, 1993. PCT allows an invention to be protected in multiple countries simultaneously by making a single international patent application instead of making multiple patent applications in many separate countries or regions. Intellectual Property lawyers in Vietnam could help client understand the procedures of filing PCT patent application in Vietnam and its advantages.
What Are the Procedures of filing PCT Patent
Application in Vietnam?
Similar to the
provisions of Vietnam Law on Intellectual Property rights, in order to be
granted an invention protection title under the PCT, a registered invention
must meet the following requirements: novelty, qualified innovative and capable
of industrial application.
A dossier for patent
registration under PCT of Vietnamese origin includes the following documents:
-The PCT application
of Vietnamese origin to be made in English (03 copies);
-Description (02
copies, including drawings, if any);
-Claims for protection
(02 copies);
-A copy of the 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);
-Relevant documents
(if any).
Patent registration
dossiers can be submitted in person or by post to the National Office of
Intellectual Property in Hanoi or to two representative offices of the
Department in Ho Chi Minh City and Da Nang. After receiving the application,
the applicant can conduct an international patent search at the competent
search offices (national or regional patent office that meets the requirements
set forth by the PCT and designated by the PCT General Assembly). PCT applications
originating from Vietnam will be published in the PCT Gazette and subject to
international preliminary examination. The appraisal department will prepare a
preliminary appraisal report and send it to the International Bureau. At the
national stage, the international application is examined for form and
substantive according to the procedures prescribed for ordinary patent
applications in the host country.
An important advantage
of the PCT system is the provision of an additional minimum of 18 months from
the expiration of the 12-month priority period, during which time the applicant
can evaluate the possibility of commercializing product in different countries
and decide which country to register the patent in. By filing an international
application, the payment of national application fees and translation costs
associated with national applications can be delayed.
ANT Lawyers – IP services in Vietnam will
always follow up with authorities for legal update on matters relevant to IP
law to update clients on regular basis.
Source ANT Lawyers: https://antlawyers.vn/library/what-are-the-procedures-of-filing-pct-patent-application-in-vietnam.html
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