Patent registration procedures under the PCT treaty include Vietnam

Patent registration procedures under the PCT treaty include Vietnam plays an important role in the process of protecting intellectual property rights for inventions. The Patent Cooperation Treaty (PCT) creates favorable conditions for patent registration in many countries, including Vietnam. This article will analyze in detail the application process, necessary documents, and conditions for patent registration under PCT in Vietnam, in order to provide useful information for interested organizations and individuals.

Conditions for patent registration under the PCT Treaty include Vietnam

To register a patent under the PCT Treaty include Vietnam, it is necessary to meet the following conditions:

Subject conditions

The subject of patent registration must meet the following conditions:

• The author creates the invention with his own effort and expense;
• Organizations and individuals invest funds and material facilities for authors in the form of job assignment or hiring, unless the parties have otherwise agreed and that agreement is not contrary to the provisions of law;
• In case many organizations and individuals jointly create or invest in creating an invention, those organizations and individuals have the right to register and that registration right can only be exercised if all of those organizations and individuals agree;

In case an invention is created using physical and technical facilities and funds from the state budget:

• In case an invention is created on the basis of the State investing all funds, material and technical means, the right to register the invention belongs to the State. Organizations and state agencies that are assigned investor rights are responsible for representing the State in exercising the right to register inventions;
• In case an invention is created on the basis of capital contribution by the State (funds, material and technical means), a part of the patent registration right corresponding to the capital contribution ratio belongs to the State. Organizations and state agencies that are the owners of the State’s investment capital are responsible for representing the State in exercising the right to register inventions;
• In case an invention is created on the basis of research and development cooperation between an organization or state agency with another organization or individual, if there is no other provision in the research and development cooperation agreement, a portion of the patent registration right corresponding to the contribution rate of the organization or state agency in that cooperation belongs to the State. Organizations and state agencies participating in research and development cooperation are responsible for representing the State in exercising the right to register inventions.

Application deadline

• The selection of Vietnam must be made within 22 months from the priority date or 03 months from the date the international search report is transmitted to the applicant or makes the announcement according to Article 17.2 (a) of the Treaty or gives a formal opinion according to Rule 43bis of the Regulations implementing the Treaty, whichever is later.
• To enter the national phase, within 31 months from the date of filing the international application or from the priority date (if the application claims priority), the applicant must submit an application to the National Office of Intellectual Property.

The patent registration dossier under the PCT Treaty include Vietnam

The patent registration dossier under the PCT Treaty include Vietnam the following documents:

• Declaration follows sample number 01 Appendix I Decree 65/2023/ND-CP.
• Vietnamese translation of the international application: description, including description, protection claims, annotations of drawings and summary (publication version or original originally filed, if the application has not been published, and amendments and explanation of amendments, if the international application has amendments according to Article 19 and/or Article 34(2)(b) of the Treaty).
• Vietnamese translation of the appendices of the international preliminary examination report (when there is a request to appraise the content of the application).
• Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account).
• Power of attorney (if applying through a representative).

>>> See more: Utility Patents: Application Procedures & Costs.

Patent registration procedures under the PCT Treaty include Vietnam

The patent registration process under the PCT Treaty with Vietnam includes many steps. Specifically as follows:

Step 1: Receive application

Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form

Check compliance with formalities.

• In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application.
• In case the application is invalid, the National Office of Intellectual Property shall issue a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a time limit of 2 months for the applicant to comment or correct the errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

Step 3: Announce the application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraise the content of the application

• Conducted when there is a request for content appraisal.
• Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions (novelty, level of creativity, industrial applicability), thereby determining the corresponding scope of protection.

Step 5: Make a decision to grant/refuse to issue an insurance certificate

• If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property shall issue a decision to refuse to grant a protection certificate.
• If the subject matter stated in the application meets the protection requirements, and the applicant pays the fees and charges in full and on time, the National Office of Intellectual Property shall issue a decision to grant a protection certificate, record it in the National Register of Inventions and publish it in the Industrial Property Official Gazette.

Consulting services and guidance on patent registration procedures under the PCT Treaty include Vietnam

Long Phan provides consulting services and guidance on patent registration procedures under the PCT Treaty include Vietnam, including:

• Consulting on conditions, documents and procedures for patent registration.
• Guide customers to prepare complete and valid documents.
• Representing customers to carry out procedures at the Intellectual Property Department.
• Monitor and update application status for customers.
• Resolve problems that arise during the registration process.
• Consulting on issues related to intellectual property law.

Frequently asked questions about patent registration procedures under the PCT Treaty include Vietnam

Below are frequently asked questions about patent registration procedures under the PCT treaty include Vietnam, customers can refer to:

What is the maximum time limit to file a PCT patent application in the national phase in Vietnam?

The time limit is 31 months from the international filing date or priority date (if priority is claimed).

Can I apply for a PCT patent online in Vietnam?

Currently, you can submit directly or by mail to the headquarters of the Intellectual Property Office or the Department’s representative offices.

Do I need to hire an intellectual property representative to file a PCT patent application in Vietnam?

Hiring a representative is not required, but is encouraged to ensure the accuracy and efficiency of the application.

Can I amend my PCT patent application after filing?

You can amend the application during the form or content appraisal stage, but must comply with the provisions of law.

How do I know if my PCT patent application has been published?

The registration application will be published in the Industrial Property Official Gazette after being accepted as a valid application.

Which documents need to be translated into Vietnamese?

Need to translate into Vietnamese: invention description, protection claims, drawing annotations, and invention abstract.

Where to submit an application?

Submitted at the Intellectual Property Office headquarters in Hanoi or 2 representative offices in Ho Chi Minh City and Da Nang.

Conclude

Registering a patent under the PCT Treaty in Vietnam is a complex process, requiring a deep understanding of the law. To ensure your rights, you should seek advice from intellectual property experts. Long Phan Consulting Company, with a team of experienced experts, is ready to support customers in every stage of the patent registration process. You can contact us via the hotline: 0906735386 for detailed advice.