Deadline: 31 months from the priority date (PCT application filing date).
Required Documents:
- PCT application details (WO publication, international search report, and written opinion).
- Vietnamese translation of the specification (claims, description, drawings, and abstract).
- Power of Attorney (POA) (signed, no notarization required).
- Deed of Assignment (if the applicant differs from the PCT applicant).
- Certified copy of priority document (if required).
– The Vietnam Intellectual Property Office (IP Vietnam) reviews the application for completeness and compliance with formal requirements.
– If deficiencies are found, a Notice of Formality Defects is issued, allowing the applicant to correct them within a specified period.
– The application is published in the Industrial Property Gazette after 19 months from the priority date (or within 2 months from acceptance of formality examination if the application has passed the 19-month mark).
– Third parties may submit oppositions or observations regarding patentability.
Request Deadline: Must be filed within 42 months from the priority date.
– IP Vietnam conducts a detailed examination to assess novelty, inventive step, and industrial applicability.
– If objections arise, an Office Action is issued, allowing the applicant to respond with arguments or amendments.
– If the application meets all patentability requirements, IP Vietnam issues a Decision to Grant a Patent.
– The applicant must pay the grant and publication fees within the prescribed period.
– Once granted, the patent is valid for 20 years from the filing date, subject to annual maintenance fees.
- Timeframe: The entire process may take 3–5 years, depending on examination complexity and potential objections.
- Protection Scope: Covers inventions in Vietnam but does not extend internationally.
- Extensions: No extensions are allowed beyond the 31-month deadline for national phase entry.