What Attention for Filing PCT Patent Application in Vietnam in 2023? | ANT Lawyers

  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 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.