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TOP NEWSVietnam – New Procedures for Patent Applications Vietnam – New Procedures for Design Applications
VIETNAM – NEW PROCEDURES FOR PATENT APPLICATIONS As from November 27, 2003 , the NEW procedures for patent applications in Vietnam did run. Accordingly, the time frames and required documents for the patent applications briefs as follows: TIME FRAMES & PROCEDURE Entry into Vietnamese national phrase The time limit for the entry into Vietnamese national phrase as to the PCT application (for both application under PCT Article 22 and PCT Article 39) shall be 31 months from the earliest priority date among priority dates claimed. That in question for the Conventional patent application shall be 12 months from the earliest filing date. Time frames for examinations Formality examination : duration of examination is 1 month from the date on which the application is filed in due course with Vietnamese Patent Office. Request for substantive examination : within 42 months for Invention and 36 months for Utility Solution counted from the priority date of the application, the substantive examination shall be performed upon request filed by the applicant. Substantive examination : duration of examination is 12 months counted from either the date of receiving request if such request to be filed after publication date of application or the date of publication of application if such request to be filed prior to the publication date of application. Publications Application for patent officially accepted shall be published in the National Industrial Property Gazette in the 19 th month from the priority date. However, upon a request by applicant for expedited publication, the application for patent shall be published in the 2 nd month from the date of filing a request for expedition. As to application with its request for substantive examination to be filed after the date of the Notice of the official acceptance of application as to formality, but before the expiration of duration of 18 months as of the priority date, shall be published in the Gazette in the 2 nd month from the date of receiving the request. As to application with its request for substantive examination to be filed prior to the date of the Notice of the official acceptance of application as to formality, shall be published in the Gazette in the 2 nd month from the date of Notice. PCT application shall be published soon in the 2 nd month from the date of the Notice of the official acceptance of the application as to formality. FILING REQUIREMENTS A. National/conventional applications I . Documents required at FILING • A notarized Power of Attorney (facsimile copy accepted at filing, but its original must be submitted within 3 months from the filing date). General Power of Attorney is acceptable for filing various patents in the name of the same applicant at the several times. • One copy of Specification, Claims, Abstract and Drawings (if any); and Vietnamese translation of Specification will be prepared by us. II. Documents filed LATE within 3 months from the date of filing • A certified copy of priority documents if priority right is claimed; and its English translation if it is NOT in English, France , Russia . III. Documents POSSIBLE to file within 1 month upon request of Vietnamese Patent Office • A notarized Deed of Assignment from the inventor(s) to the applicant(s) if they are not the same one. • A notarized Deed of Assignment of priority right if the applicant is not one having filed the priority application. • Vietnamese translation of the priority documents (prepared by us). B. PCT applications • A Notarized Power of Attorney that is required within 3 months from the filing date (NOT required at the filing). • A photostat copy of the International Application including the Specification, Claims, Abstract, and Drawings, International preliminary examination report, Amendments (if any) under PCT Article 19 and/or under PCT Article 34.2.b (but is a certified copy if the application for entry into national phase is filed prior to the international publication date of the application). Their Vietnamese translations will be prepared by us to submit within 31 months from the priority date. Please contact us if you wish to have further information on patent, trademark and design in Vietnam, Laos and Cambodia.
Ageless 49 Le Van Huu Str., Hanoi, Vietnam P.O. Box: 658 Hanoi, Vietnam. Tel: (84-4) 9434478 Fax: (84-4) 9434479 Email: ageless@hn.vnn.vn Copyright © Ageless 2003 - www.ageless.com.vn |
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