Submit examination results of foreign corresponding patent applications to speed up the patent application process in Vietnam

The Vietnam Patent Office IPVN has detailed the requirements for accelerating the examination of Vietnamese patent applications by using the examination results of corresponding foreign patent applications in its regulation of November 30, 2023. Vietnamese patent applications must meet the following conditions:

• The examination results come from patent offices recognized by the Vietnam Patent Office, but this list has not yet been published and the relevant regulations have not yet come into effect. At present, in practice, IPVN usually relies on the examination results from the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), the China National Intellectual Property Administration (CNIPA) and the Korean Intellectual Property Office (KIPO). Therefore, although the official list has not been published, patent applicants can also try to submit the examination results of these patent offices to speed up the examination progress of the Vietnam Patent Office.
• At least one claim in the foreign examination results has a prospect of being granted, and the claims of the Vietnamese application must correspond to the claims in the foreign examination results.
• In addition, applicants are required to submit the following documents:
  • Use the corresponding foreign patent application foreign examination result request form
  • A copy of the examination results and its Vietnamese translation
  • A copy of the claims granted in the corresponding foreign patent application and its Vietnamese translation
  • Citations during examination of foreign applications
  • Proactively modify the specification to be consistent with the authorized claims and attach a modification reference page
  • Pay the prescribed fees.

If these conditions and requirements are not met, IPVN will issue a notice to reject the request, and the patent application will still proceed according to the standard procedure. For patent applications that meet the conditions, IPVN will issue the examination results within 12 months from the date of submission. However, if the applicant proposes active amendments again during this 12-month period, the patent application may no longer proceed with this procedure.