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FAQ

PCT/Paris Route Entering Into Vietnam

In Vietnamese Patent Law, "invention-creations" mean patents, patents for utility solution and designs.

"Patent" means any new technical solution relating to a product, a process or improvement thereof. Once granted, it can last as long as 20 years.

"Patent for utility solution" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Once granted, it can last as long as 10 years.

"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Once granted, it can last as long as 15 years.

The applicant should enter Vietnam by PCT national phase within 31 months, or by Paris Convention Route within 12 months from the priority date.

The Reasons to Choose Vietnam:

An Emerging Country with Effective Patent Protection

Eligible to Convert a Patent Application into a Patent for Utility Solution Application within 3 Months if the Applicant Receives the First Decision from the NOIP that the Patent shall be Refused

Most Likely to Obtain a Patent Certificate at the End of the Day

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of NOIP

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Examination (Within 42 Months from the Priority Date);

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 3 to 4 Years After Application).

Documents

Required

Power of Attorney

PCT Application number if it’s PCT National Phase, else original Patent Application information is required.

Frequently Asked Questions:

When should I file the PCT national entry into Vietnam? icon icon
  • You’d better enter Vietnam by PCT national phase within 31 months.
What’s the requirement of language for the patent application? icon icon
  • Vietnamese version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Within 42 months from the priority date.
Is it hard to get it granted in Vietnam and how long will it takes? icon icon
  • It is not hard to get it granted in Vietnam and it will take around 3 to 4 years after application. In Vietnam, you are eligible to convert a patent application into a patent for utility solution application within 3 months if you receive the first decision from the NOIP that the patent shall be refused, which means that you are very likely to get a patent certificate in Vietnam.
Does Vietnam accept PPH to accelerate the examination? icon icon
  • Yes. By request for PPH, it only takes around 1 year from filing to grant.

Brief Introduction of PPH in Vietnam

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. Vietnam has established PPH cooperation with many economies. And the PPH request is only applicable to patent application in Vietnam.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to entering into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

In brief, you don’t need to decide whether to apply PPH in Vietnam or not until you request for the substantive examination. You can leave this matter behind because we will notify you in time.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
850
Govt Fee*(Including Priority Claim Fee)
63
Translation Fee**
900
Total
1,813
Get Started
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.

**

Translation fee is estimated on the basis of our previous orders. It will be charged later since we need to check the number of words in abstract, specification and claims.