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FILING  SYSTEM IN VIETNAM FOR INVENTION PATENT AND UTILITY SOLUTION

A. GENERAL INFORMATION

1. Member: Paris Convention;
2. Time for formality examination is 1 month from filing date and for substantive examination is 12 months from the publication date (if request for substantive examination is filed before the publishing date) or from the request date (if the request is filed after the publishing date);
3. A request for substantive examination must be filed within 42 months (as to invention) or 36 months (as to utility solution) from the first priority date;
4. Validity term of a Patent – 20 Years (for inventions) or 10 years (for utility solutions) from the regular filing date and the Patent is effective from the granting date;
5. Annuity is required to be paid only after a Patent is granted;
6. Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Patent Office.

B. FILING REQUIREMENTS

1. Duly accomplished patent application form – (to be accomplished by our Firm but we need the following information:

   1. Name, address and nationality of the applicant;
   2. Name, address and nationality of the inventor;
   3. Title of the invention/utility solution;
   4. Country, application number, serial number and filing date of the original foreign application(s) from which the Paris Convention priority is claimed (if applicable);
   5. International filing number and publication number (in case of PCT applications entering the Vietnam National Phase)
2. Simply signed Authorization and Appointment of Resident agent;
3. Specification consisting of the title, description, Claims and Abstract in English  – 2 copies required at filing;
4. Drawings (if any) – 2 copies; to be prepared at our end to ensure full compliance with formal requirements
5. Certified copy of the priority document (only for applications claiming priority under the Paris Convention), which can be submitted within 3 months from the filing date;
6. As to PCT entering the Vietnam National Phase, apart from the above documents, the following PCT documents are required:

   1. PCT publication;
   2. International Preliminary Examination Report (if any),
   3. Notification of change (if any);
   4. International Search Report.

   Notes:

As the Vietnamese version of the specification must be filed within 31 months from the priority date, please send us the English specification 1 month before the date of entry into the Vietnamese national phase so that we have enough time for translation work.  In case of urgency, please let us know the PCT application number or the publication number so  we could download the same via Internet/WIPO database;

The original Power of Attorney can be submitted within 34 months from the priority date.