ARTICLE
28 October 1997

Introduction To Patent Law In Vietnam - Main Issues Of Patent Law - Filing Requirements

PA
Pham & Associates
Contributor
Pham & Associates
Vietnam Intellectual Property
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Documentation required for filing a National Patent Application

  • A Notarized Power of Attorney from the Applicant, if the patent application is filed through a patent agent. The Power of Attorney should accompany the patent application at the time of filing. Faxed copy is acceptable provided that the original be submitted within three months from the filing date;
  • A Notarized Deed of Assignment from the Inventor(s) to the Applicant or a contract of employment, if the Applicant and the Inventor(s) are not the same. The Deed of Assignment should accompany the patent application at the time of filing. Faxed copy is acceptable provided that the original be submitted within three months from the filing date;
  • A copy of the specification, drawings, claims and abstract in English for translation into Vietnamese;
  • A certified copy of the priority document and the sworn English translation in case the priority document not in English, if Paris Convention priority should be claimed; This document can be lodged within three months from the filing date.
  • Information: name, address and nationality of the Applicant and Inventor(s).

Documentation required for entering the National Phase of a PCT Application:

  • A Notarized Power of Attorney from the Applicant; This document can be lodged within three months from the filing date.
  • A Notarized Deed of Assignment from the Inventor(s) to the Applicant, if the Applicant and the Inventor(s) are not the same; This document can be lodged within three months from the filing date.
  • A Notarized Deed of Assignment of the Priority Rights where the Applicant is different from the Applicant having filed the Priority Application.
  • A copy of the specification, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), abstract and any text matter of drawings in English for translation into Vietnamese;
  • A simple copy of the priority document and its English translation if the priority document is not in English;

Time limit applicable to PCT applications

The time limit applicable for entering the Vietnam National Phase under PCT Article 22 is 21 months from the priority date, and under PCT Article 39(1) is 31 months from the priority date, as permitted by the Vietnam patent law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
ARTICLE
28 October 1997

Introduction To Patent Law In Vietnam - Main Issues Of Patent Law - Filing Requirements

Vietnam Intellectual Property
Contributor
Pham & Associates
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