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) from the earliest priority date. However, a late entry within six (06) months counted from the expiration of 31 month period is available upon payment of appropriate fees.

1. Documents required:

(i) A Power of Attorney (POA) which is only simply to be signed by the Applicant, neither legalization nor notarization is required. (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 34 months from the priority date applicable under PCT Article 22 or 39);

 (ii) PCT documents in English for translation into Vietnamese: Description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended, together with any statements under PCT Article (19);

2. Publication:

An application for registration of an invention in accordance with the Patent Co-operation Treaty shall be published within two months from the formality acceptance date.

3. Substantive examination:

Compared to national applications, it is easier for examiners in Vietnam to examine PCT applications thanks to the International Preliminary Examination Report (IPER) or the examination results of corresponding applications filed in foreign countries.

The first office action is issued within 19 months counted from the publication date. The content of the first office action may be the same as that of the IPER or it may be a suggestion to amend the application to conform to one of the granted patents in foreign countries.

If the response to the first office action is not sufficient, the second office action is issued within 12 months counted from the time of filing the response to the first office action.

During the period of examination, the applicant can decide to file a voluntary amendment at any time provided that the applicant has to clearly point out the difference of the amended parts of claims and description and pay the prescribed fees.

The examination in Vietnam for patent applications filed under PCT may be delayed if their corresponding applications in other countries are not granted or they face opposition from third parties.

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For more information about PCT national phase in Vietnam, please do not hesitate to contact us at

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

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