Vietnam joined in Patent Cooperation Treaty (PCT) on
March 10th 1993 and originations, individuals can register international
patent as provided in PCT by filling registration application at National
Office of Intellectual Property
of Vietnam (NOIP). NOIP has
responsibility to examine and handle the application as provided in PCT.
With highly professional staff and great experience in IP aspect
in Vietnam, ANT Lawyers would like to support you in filling international
patent under PCT procedure:
Required Document
03 English written declaration for registration PCT application
originating in Vietnam;
02 Written descriptions including images or drawings (if any) ;
02 written request of invention protection;
01 Original Power of Attorney;
Other related document (if only).
International Patent registration originating
in Vietnam under PCT
Receipt of applications:A registration application of an invention shall be filed in
Vietnam, including protection claims in any of the Member Countries of the PCT
Treaty (hereinafter referred to as the PCT application originating from
Vietnam). The application shall be submitted directly or by mail to the NOIP or
the International Bureau of the World Intellectual Property Organization
(hereinafter referred to as the International Bureau)
The international search process:This process shall be conducted at competent authorities
(National or regional patent office that meets the requirements set by PCT and
be designated by PCT General Assembly). National patent office with PCT
application originating in Vietnam is: Intellectual Property office of
Australia, Austria, the Russian Federation, Sweden, Korea and the European
Patent Office.
Publication of the international application: PCT application originating in Vietnam shall be posted at
PCT Gazette.
The international preliminary examination: Conducted by the international preliminary
examining authority as provided in PCT. The purpose of examination is to give a
preliminary and non – binding opinion whether the invention in the application
meets the requirement protection or not. Examining authority shall make a
preliminary examining report and send to International Bureau.
National or regional phase: international application shall be examined form and content as
regulation of normal patent registration in each nation.
Note:
Applicants must specify which countries they want the
international application to take effect.
Each international application is subject to
international search to find out the relevant technical status known to provide
preliminary and non-compulsory claims on inventions that require novelty,
creativity and usefulness. Therefore, the Contracting Party designated for patent
protection is entitled to apply the standards of an invention under its
domestic law in relation to the known state of the art and other conditions of
competence. Patent shall be decided whether to be accepted for the protection
based on the application.
If you are looking for an experienced IP
services in Vietnam to help you with your IP application, you
should visit ANTLawyers. Our attorneys have experience with the IP process and
will work closely with you as you apply for your IP in Vietnam.
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