According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:
If an international
application designates Vietnam, the National Office of Intellectual Property in
Vietnam (NOIP) is the designated office. In this case, in order to enter the
national phase, the applicant shall submit, within 31 months from the date of
priority, to the NOIP the following:
-Written declaration
requesting invention registration, made according to a set form;
-Copy of the
international application (if the applicant requests the entry into the
national phase before the date of publication of the international
publication);
-Vietnamese translation
of the international application: The description, consisting of a description
section, protection request, annotations for drawings and abstract (the
published copy or initially filed original application, if the application has not
yet been published, and modified copy and explanation of modified contents, if
the international application has been modified under Article 19 of Patent
Cooperation Treaty;
-National charges and
fees.
If an international
application elects Vietnam, the NOIP is the elected office. In this case, if
the election of Vietnam is made within 19 months from the date of priority, in
order to enter the national phase, the applicant shall submit, within 31 months
from the date of priority, to the NOIP the following documents:
-Written declaration
request;
-Sting invention
registration, made according to a set form;
-Vietnamese translation
of the international application: The description, consisting of a description
section, protection request, annotations for drawings and abstract (the
published copy or initially filed original application, if the application has
not yet been published, and modified copy and explanation of modified contents,
if the international application has been modified under Article 19 and/or Article
34(2)(b) of the Treaty);
-Vietnamese
translations of annexes to the international preliminary examination report
(when substantive examination of the application is requested);
-National charges and
fees.
After having submitted
the application, the time when the
processing of an international application designating or electing Vietnam in
the national phase starts is the first day of the thirty second month from the
date of priority if the applicant files no written request for entry into the
national phase earlier than the above time limits. The international
application shall be put to formality examination and substantive examination
according to the procedures applicable to ordinary invention registration
applications. If the applicant requests in writing earlier examination of
his/her application and pay the prescribed charge, the international
application shall be examined earlier than the time limit specified above in
accordance with the provisions of Article 2 3(2) of the Treaty.
Please be noted that in
addition to the cases where an international application is considered
withdrawn specified in the Treaty and the Regulation on implementation of the
Treaty, an international application designating or electing Vietnam shall be
considered withdrawn if the national fees are not paid to the NOIP or there is
no Vietnamese translation upon the expiration of the set time limit.
It is important to
adhere to the deadline and patent
attorney in Vietnam of ANT Lawyers always follow up with the Client to
remind on the schedule to follow when submitting for PCT
application in Vietnam.
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