Can the priority right of utility model applications be restored in Vietnam?

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

  • How long does it take for a utility model application to be granted in Vietnam?

    1 year

  • Instructions for Authorization and Annual Fee of Vietnam Invention Patent Application

    • Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receiving the patent granted decision
    • Annuity: The annual fee for the first year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time

  • Characteristics of Vietnam invention patent application process

    IPVN conducts formality examination and substantive examination of invention patents. IPVN completes the formality examination within 1 month from the filing date. For the invention patent application through the via Paris Convention , the patent disclosure will be completed 19 months from the filing date/priority date. If the PCT enters the Vietnamese country, the invention patent will be filed in the country. Patent publication within 2 months after the application enters the Vietnamese national phase. A patent applicant/anyone needs to file a substantive request no later than 42 months from the filing date. The application is published within 2 months after the notification of approval and enters the opposition period. The opposition period starts from the publication date and ends on the granted date. Anyone can raise an opposition to the published patent within the opposition period.

  • 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

  • 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

  • Is the design application in Vietnam eligible for DAS?

    no

  • 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

  • How long is the protection period of Vietnamese invention patent application

    20 years

  • Features of the utility model patent application process in Vietnam

    IPVN conducts formality examination and substantive examination of utility model patents. IPVN has no restrictions on the fields of utility model patent applications. Utility models can be applied for in all fields covered by inventions, but all utility models will undergo substantive examination. A patent applicant/anyone needs to file a substantive request no later than 36 months from the filing date.