Can the priority right of utility model applications be restored in Vietnam?

Submitted by 页之码 on

yes. Please consult IPVN for the standards and charges for restoring the priority.

专利申请流程

VN Vietnam

  • How long does it take for a utility model application to be granted in Vietnam?

    1 year

  • Whether the type of Vietnam invention patent application can be converted

    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.

  • Is it possible to apply for a combined appearance for a design application in Vietnam?

    yes. Multiple designs may be included in one design application.

  • How long is the PCT deadline for utility model applications in Vietnam?

    • via Paris Convention : 6 months from earliest priority date
    • Hague Agreement route: 6 months from earliest priority date

  • Can the priority right of utility model applications be restored in Vietnam?

    yes. Please consult IPVN for the standards and charges for restoring the priority.

  • Characteristics of Vietnam invention patent application process

    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.

  • Whether utility model applications in Vietnam can be type-converted

    no

  • What are the requirements for utility model application documents in Vietnam?

    Filing Language: Vietnamese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review
    6. Description of patent IPC classification number

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Vietnamese national phase Amended Article 19/28/34/41
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Description of patent IPC classification number

  • Can the priority right of Vietnam invention patent application be restored?

    yes. Please consult IPVN for the standards and charges for restoring the priority.

  • What are the requirements for Vietnam invention patent application documents

    Filing Language: Vietnamese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism deposit certificate and its Vietnamese translation
    3. Microorganism Survival Certificate and its Vietnamese translation
    4. Power of Attorney
    5. Certified Priority Document
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Description of patent IPC classification number
    9. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Vietnamese national phase Amended Article 19/28/34/41
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism deposit certificate and its Vietnamese translation
    6. Microorganism Survival Certificate and its Vietnamese translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer
    10. Description of patent IPC classification number