Vietnam allows patent to be filed in Vietnam under patent filing, PCT patent filing, Paris convention. What is procedure of patent in Vietnam? 

The patent in Vietnam shall have five steps as follows:

+ Step 1: Filing new patent in Vietnam

The patent applicant shall need to file patent in Vietnam with the following notes:

• Direct patent filing in Vietnam: No deadline to for Vietnam national phase entry
• PCT patent filing in Vietnam: deadline to for Vietnam national phase entry is within 31 months from the priority date.
• Paris convention: deadline to for Vietnam national phase entry is within 12 months from the priority date.

The patent shall be filed at Vietnam National Office of Intellectual property (NOIP).

 + Step 2: Examining Formality of patent

After the patent is filed in Vietnam, the NOIP will examine the formality of the patent application within 1-2 months counted from the filing date. However, the actual time may be longer.

 + Step 3: Publishing the patent application on Vietnamese IP Gazette

The Vietnam patent application shall be published on Vietnamese IP Gazette within 19 months counted from the first filing date or date of accepting its legitimate whatever comes later.

Fast publication: The applicant could ask for earlier publication of their patent application.

+ Step 4: Conducting Substantive examination of patent

The substantive examination result shall be issued within 18 months from the publishing date (however, the practical time is longer due to the backlog of the NOIP). If the result show that the patent meets the requirement of protection, the patent shall be granted within 1-2 months. Otherwise, patent applicant shall have three months (extensible for 3 months) to respond to the rejection.

+ Step 5: Granting Vietnam patent

NOIP shall grant the patent in Vietnam within 1-3 months from the notice of patent granting. The patent shall be valid in Vietnam for 20 years counted from the filing date. Annuity payment shall be required annually.

ASL LAW – The Vietnam IP Firm could help the patent applicant to file patent in Vietnam.

• You could read the full article of How to file patent in Vietnam here
• You could read the full article of How to file patent in Vietnam here
• You could contact ASL LAW– Vietnam Patent Firm–Vietnam IP Law Firm – Vietnam IP Agent for further information

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