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  • Vietnam patent acceleration

    According to Article 9.3 of Circular 01/2007/TT-BKHCN dated February 14, 2007 of Vietnam Ministry of Science and Technology, it is possible to accelerate the examination provided that the applicant files a request for acceleration and pay prescribed fees. In case the IP Vietnam refuses such request, it must notify the applicant and specify the reason of refusal.

    In fact, due to the backlog problem of the IP Vietnam, the Office has no longer received requests for acceleration in general. The Office just receives requests for acceleration for patents from Japan and Korea with a limited number of requests each year.

    I. PPH Program for patents from Japan:

    1. Period: April 1, 2019 to March 31, 2022 (may be extended)

    2. The number of application allowed: 200 wherein 100 is allowed during April 1st to September 30th, and 100 is allowed during the rest period.

    3. Documents required:

    (a) Copies of all office actions in Japan (these document are not required if they are provided via AIPN).

    (b) Copy of granted claims in Japan (the set of granted claim is not required if it is provided via AIPN).

    (c) Copies of reference cited by JPO examiner wherein patent documents are not required to submit but non-patent literature must be submitted.

    Vietnamese Translation of these documents (a), (b), (c) may be requested by the IPO Vietnam if needed.

    (d) Claim correspondence table to indicate how all claims in Vietnam application to correspond to the patented claims in Japan.

    II. PPH Program for patents from Korea:

    The PPH pilot program will be in effect for two (2) years commencing on June 1, 2019 and will end on May 31, 2021. The number of requests per year will not exceed one hundred (100) from each Office. However, the program may be extended after a joint IP Viet Nam-KIPO review and assessment of the program implementation.

    3. Documents required:

    (a) Copies of all office actions in Korea (these document are not required if they are provided via K-PION).

    (b) Copy of granted claims in Korea (the set of granted claim is not required if it is provided via K-PION).

    (c) Copies of reference cited by KIPO examiner wherein patent documents are not required to submit but non-patent literature must be submitted.

    Vietnamese Translation of these documents (a), (b), (c) may be requested by the IPO Vietnam if needed.

    (d) Claim correspondence table to indicate how all claims in Vietnam application to correspond to the patented claims in Korea.

    III. Acceleration procedures for patents from other countries:

    To expedite the examination for patents from other countries such as China, US, EUROPE, etc., the applicants are suggested to voluntarily amend the current applications to conform to the granted patents of the corresponding applications filed in foreign countries, especially filed in US or Europe. Since then, HAIHAN-IP needs to interview with examiners several times to push the examiners in charge to complete the cases soon.

    The term for examiners in Vietnam to start considering the contents of the voluntary amendment of patent applications and interviewing is about 12 months counted from the publication date. After that, it takes from 8 to 14 months for examiners to grant patents following the examination accelerating measure.

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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.

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    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).

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     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.

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     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.

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    For more information about patent registration in Vietnam, please do not hesitate to contact us atpatent registration in Vietnam

    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

    Fax:            +84-24-3202 8333

    Hotline:      +84-983 788 469

    Email:         hh@haihan.vn

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