Novelty Grace Period for Vietnam Invention Patent Application

Submitted by 页之码 on

If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

专利申请流程

  • IPVN conducts formality examination and substantive examination of invention patents. IPVN completes the formality examination within 1 month from the filing date. For the invention patent application through the via Paris Convention , the patent disclosure will be completed 19 months from the filing date/priority date. If the PCT enters the Vietnamese country, the invention patent will be filed in the country. Patent publication within 2 months after the application enters the Vietnamese national phase. A patent applicant/anyone needs to file a substantive request no later than 42 months from the filing date. The application is published within 2 months after the notification of approval and enters the opposition period. The opposition period starts from the publication date and ends on the granted date. Anyone can raise an opposition to the published patent within the opposition period.

  • yes. After the substantive examination of the invention patent application, the patent applicant can submit a request and pay the prescribed conversion request fee to convert the patent type from invention to utility model. If the invention patent does not meet the conditions for granting a patent, a request for conversion may be filed within three months from the date of issuance of the rejection document of the invention patent.

  • If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

    • via Paris Convention : 6 months from earliest priority date
    • Hague Agreement route: 6 months from earliest priority date
    • Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receiving the patent granted decision
    • Annuity: The annual fee for the first year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time
  • If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

  • no

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.
  • no

    • Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receiving the patent granted decision
    • Annuity: The annual fee for the first year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time