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  • Prosecution of patent and time frame

    Upon Vietnam patent practice, a patent application will be gone through following stages:

    1. Formality examination

    It takes from 2 to 3 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 2 months 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to submit the request within the prescribed time limits shall result in the application to be deemed as having been withdrawn.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 03 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.

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

    If the application meets protection criteria, the applicant is requested to pay granting fees within 3 months from the date of issuing an Intention to grant.

    4. Grant period

    If a patent application meets protection criteria, The IP Vietnam will issue an Intention to grant and request to pay granting fees. The due date for paying fees is 3 months from the signing date of the said Intention.

    After the applicant pays the fees, it takes about 1-2 months for issuing the patent.

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    PATENT SEARCH

    PATENT SEARCH IN VIETNAM

    Each IP firm can use their own database and IP Lib to conduct patent search. The skills of IP searchers are very important to receive correct search results.

    >> READ MORE

    PCT Patent in Vietnam

    PCT NATIONAL PHASE IN VIETNAM

    The time limit for entry of a PCT application into Vietnam national phase under both Chapter I and Chapter II is 31 months (not 30 months).

    >> READ MORE

     patent acceleration in vietnam

    PATENT ACCELERATION IN VIETNAM

    To accelerate, it is suggested to conform the VN application to a granted patent of a corresponding application filed in foreign countries, especially filed in Japan, US or Europe.

    >> READ MORE

     annuity payment in Vietnam

    PATENT ANNUITIES IN VIETNAM

    Patent owners are requested to pay annuities for granted patents within 06 months before the annuity due date.

    >> READ MORE

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    For any enquires, please do not hesitate to contact us athoai le tan

    HAIHAN IP LAW FIRM

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

    Tel:             +84-24-3202 8111 / +84-24-3202 8222

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    Email:         hh@haihan.vn

    HAIHAN-IP is a registered IP Firm (Agent code of 174) licensed by The Intellectual Property Office of Vietnam (The IP Vietnam) since 2013.