IP PROCEDURES

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  • Prosecution of patent and time frame

    1. Formality examination

    It takes from 1 to 2 months counted from filing date for completing formality examination.

    For PCT application, if accepted, within 2 months from the notification of acceptance, the application shall be published on the Gazette of Intellectual Property.

    For Non-PCT application, the publication will be carried on within 19 months counted from the priority date or the filing date whichever date is later.

    If the application is refused as formalities, within 1 month from the notification of refusal, the applicant shall have to overcome by responding to office action.

    2. Request for Substantive Examination

    The published Vietnam patent applications shall not be examined on their merits without a request from either applicant or a third party. The request for substantive examination must be submitted to within 42 months from the earliest priority date. Late filing within six months computed from the expiration of the 42 month period is available upon payment of late submission fees. Failure to submit the request within the prescribed time limits shall result in the application to be deemed as having been withdrawn. For utility solution, the corresponding time limit is 36 months.

    3. Substantive examination

    The first office action is issued within 18 months (for patent) from the publication date or the date of the request for the substantive examination, whichever date is later.

    In case the first office action is not sufficiently overcome, the second office action is issued by examiners within 12 months from the date that the applicant files a response to the first office action.

    The due date for responding to office action is 02 months counted from the signing date of office action.

    During the examination, the applicant can file voluntary amendment at any time to adjust the claims and specification within the first filed scope of documents.

    NOIP usually accepts the examination results carried out in some other countries such as the US, Europe, Japan, Australia, Canada, Russian Federation.

    If the application meets protection criteria, the applicant is requested to pay granting fees within 1 month.

    4. Grant period

    If a patent application meets protection criteria, NOIP will issue an Invitation to pay granting fees. The due date for paying fees is one month from the signing date of the said Invitation.

    After the applicant pays the fees, it takes about 15 days for issuing the patent.

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    For more information about patent prosecution in Vietnam, please do not hesitate to contact us athoai le tan

    HAIHAN IP LAW FIRM

    12A Floor, Center Building, No. 1 Nguyen Huy Tuong, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City, Vietnam.

    Tel:             844-3202 8111 / 844-3202 8222

    Fax:            844-3202 8333

    Hotline:      84-983 788 469

    Email:         hh@haihan.vn

    HAIHAN-IP is a registered IP Firm recorded by The National Office of Intellectual Property of Vietnam (NOIP).