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Vietnam

Patents

PCT National Phase Applicationsvietnam

(PCT national phase applications should be filed within the 31 months from the earliest priority date.A 06-month grace period is granted for entering a PCT application into Vietnamese Phase)

Minimum Requirements for Filing

  • PCT application number or publication number and changes to applicant(s), inventor(s) in the national phase
  • Details of PCT application (full name, address, and nationality of applicant(s) and inventor(s), priority data, and international classification indexes) in the case this application has not yet been internationally published
  • Specification (including title, description and claims and abstract of the invention and amendments) in English. For the purpose of our translation into Vietnamese, this document should be provided at least one month before the deadline of Vietnamese phase entry
  • Drawings (if any)

Documents That May Be Late Filed

  • Original Power of Attorney is signed by the applicant(s) only within 34 months from earliest priority date. Neither notarization nor legalization is required. A general Power of Attorney can cover all industrial property matters.
  • Original Deed of Assignment if the applicant in national phase is not the same in the international phase within 34 months from earliest priority date
  • Request for substantive examination within 42 months for invention or 36 months for utility solution from the earliest priority date

Priority Claiming Applications
(Priority claiming applications must be filed within 12 months of the earliest priority date)

Minimum Requirements for Filing

  • Details of applicant(s) and inventor(s) (full name, address, and nationality)
  • Classification indexes of the invention under the Strasbourg Classification system. We can prepare these for you
  • Specification (including title, description and claims) and abstract of the invention in English for the purpose of our translation into Vietnamese. For the purpose of our translation into Vietnamese, this document should be provided at least one month before the filing date.
  • Drawings (if any)
  • Number, date and country of priority application(s)

Documents That May Be Late Filed

  • Original Power of Attorney is signed by the applicant(s) only within one (01) month from the filing date. Neither notarization nor legalization is required. A general Power of Attorney can cover all industrial property matters
  • Original Deed of Assignment if applicant is not the one in the priority application(s) within one (01) month from the filing date
  • Certified copi(es) of priority application(s) within three (03) months from the filing date
  • Request for substantive examination within 42 months for invention or 36 months for utility solution from the earliest priority date

Non-Priority Claiming Applications

Minimum Requirements for Filing

  • Details of applicant(s) and inventor(s) (full name, address, and nationality)
  • Classification indexes of the invention under the Strasbourg Classification system. We can prepare these for you
  • Specification (including title, description and claims) and abstract of the invention in English for the purpose of our translation into Vietnamese. For the purpose of our translation into Vietnamese, this document should be provided at least one month before the filing date.
  • Drawings (if any)

Documents That May Be Late Filed

  • Original Power of Attorney is signed by the applicant(s) only within one (01) month from the filing date. Neither notarization nor legalization is required. A general Power of Attorney can cover all industrial property matters
  • Request for substantive examination within 42 months for invention or 36 months for utility solution from filing date

Industrial Designs

Minimum Requirements for Filing
(Priority claiming applications must be filed within 6 months of the earliest priority date)

  • Details of applicant(s) and designer(s) (full name, address, and nationality)
  • Title or indication of the product(s) to which the design is applied
  • The international classification code under the Locarno Agreement. We can prepare it for you
  • Drawings of the design, or 6 copies of original photographs (including perspective, front, back, top, bottom, left and right view) showing the whole article for which protection is required
  • Brief description of the design in English. We can prepare it for you
  • Number, date and country of priority application if priority right is claimed

Documents That May Be Late Filed

  • Original Power of Attorney is signed by the applicant(s) only within one (01) month from the filing date). Neither notarization nor legalization is required. A general Power of Attorney can cover all industrial property matters
  • Certified copi(es) of priority application(s) within 3 months from the filing date if priority right is claimed

Trademarks

Minimum Requirements for Filing
(Priority claiming applications must be filed within 6 months of the earliest priority date)

  • Details of applicant(s) (full name, address, and nationality)
  • 01 print for black and white mark or 12 prints for color mark with the size between 1.5 cm and 8 cm
  • Description of the mark: colors claimed and English translation and/or transliteration into Roman letters if the mark comprises words not in English
  • List of Goods or Services and, preferably, their International Classification(s)
  • Regulation governing the use of mark if the mark is certification mark or collective mark
  • Number, date and country of priority application if priority right claimed

Documents That May Be Late Filed

  • Original Power of Attorney signed by the applicant(s) only within one (01) month from the filing date. Neither notarization nor legalization is required. A general Power of Attorney can cover all industrial property matters.
  • Certified copi(es) of priority application(s) within three (03) months from the filing date if priority right is claimed
  • Original Deed of Assignment if applicant is not the one mentioned in the priority application(s) within one (01) month from the filing date

Renewal and Recordal

Vietnamese Requirements for renewal
(Request for renewal must be filed within 6 months before the expiry date) 

  • Original Power of Attorney signed by the applicant(s). Neither notarization nor legalization is required
  • The original Industrial Design Patent (or a copy of Industrial Design Patent); or the original Certificate of Trademark Registration (or a copy of the Certificate of Trademark Registration)

Vietnamese Requirements for recodals

Recordal of an Assignment Agreement

  • Powers of Attorney from the Assignor and Assignee. Original Power of Attorney signed by the applicant(s) only. Neither notarization nor legalization is required
  • The original Industrial Design Patent (or a copy of Industrial Design Patent); or the original Certificate of Trademark Registration (or a copy of the Certificate of Trademark Registration)
  • Original Patent of Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration

Recordal of an License Agreement

  • Powers of Attorney from the Assignor and Assignee. Original Power of Attorney signed by the applicant(s) only. Neither notarization nor legalization is required
  • The original Industrial Design Patent (or a copy of Industrial Design Patent); or the original Certificate of Trademark Registration (or a copy of the Certificate of Trademark Registration)
  • A certified copy of the Patent of Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration. If the Agreement is a sub-agreement, it must be accompanied by a copy of the Certificate of Registration of the corresponding exclusive Agreement.

Recordal of changes of name/address of the owner and/or the inventor

  • Powers of Attorney from the Assignor and Assignee. Original Power of Attorney signed by the applicant(s) only. Neither notarization nor legalization is required
  • Certified copy of document evidencing change of name/address
  • Original Patent of Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration

Vietnamese Geographical indication Filing Requirements

Minimum Requirements for Filing

  • Details of applicant(s) (full name, address, and nationality)
  • Certified copy of the Certificate of the protection of the geographical indication/appellation of origin in its country of origin or a certificate issued by a competent agency of the country of origin on the right of the applicant to use the geographical indication/appellation of origin

Documents That May Be Late Filed

  • Original Power of Attorney signed by the applicant(s) only within one (01) month from the filing date. Neither notarization nor legalization is required

Integrated Circuit Layouts

Plant Varieties
(Priority claiming applications must be filed within 12 months of the priority date)

Minimum Requirements for Filing

  • Details of applicant(s) and breeder(s) (full name, address, and nationality)
  • Name of variety and species
  • 03 copies of set of photos of variety
  • Place of variety breeding, and place carried out technical test
  • Date of first commercial exploitation in Vietnam (if any), and other countries (if any)
  • Number, date, country and status of applications for the variety, which are filed in other countries
  • Number, date and country of priority application, and variety name if priority right claimed
  • Technical Questionnaire in the Plant Variety Protection Office’s form (each variety needs a specific form). We will provide you with the right form for your execution
  • Original Deed of Assignment if applicant is not breeder
  • Original notarized Power of Attorney. Legalization is not required

Documents That May Be Late Filed

  • Certified copy of the priority documents within 03 months from the filing date

Copyrights and Related Rights

Minimum Requirements for Filing

  • Details of the owner(s) and the author(s) (full name, address, and nationality)
  • Name and category of the works
  • Publication date (if the work has been published)
  • 03 original works
  • A fax copy of notarized Power of Attorney
  • Notarized Deed of Assignment if the applicant is not the author

Documents That May Be Late Filed

  • Original notarized Power of Attorney within 10 days from the filing date

 

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