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

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

  • What are the requirements for the design application documents in Vietnam?

    Filing Language: Vietnamese

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    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. Description of patent IPC classification number

  • 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

  • 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.

  • How long is the protection period for utility model applications in Vietnam?

    10 years

  • How long is the PCT period for Vietnam invention patent application

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.

  • Whether the design application in Vietnam can be type-converted

    no

  • 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

  • Novelty Grace Period for Utility Model Applications in Vietnam

    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.

  • 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

  • Novelty Grace Period for Vietnam Invention Patent Application

    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.