The Patent Cooperation Treaty (Patent Cooperation Treaty) abbreviated as PCT was signed on June 19, 1970 in Washington. The PCT came into effect on June 1, 1978, and Vietnam joined the PCT on October 3, 1993. This article will explain how to file PCT Patent Application in Vietnam
PCT allows an invention to be protected in multiple countries simultaneously by making a single international patent application instead of making multiple patent applications in many separate countries or regions. Intellectual Property lawyers in Vietnam could help client understand the procedures to file PCT patent application in Vietnam and its advantages.
Similar to the provisions of Vietnam Law on Intellectual Property rights, in order to be granted an invention protection title under the PCT, a registered invention must meet the following requirements: novelty, qualified innovative and capable of industrial application.
File PCT Patent Application in Vietnam under PCT of Vietnamese origin dossiers
A dossier to file PCT patent application in Vietnam shall comprise:
-The PCT application of Vietnamese origin to be made in English (03 copies);
-Description (02 copies, including drawings, if any);
-Claims for protection (02 copies);
-A copy of the payment receipt (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property);
-Relevant documents (if any).
Where to file PCT patent application in Vietnam?
Patent registration dossiers can be submitted in person or by post to the National Office of Intellectual Property in Hanoi or to two representative offices of the Department in Ho Chi Minh City and Da Nang.
How PCT patent application in Vietnam to be processed?
After receiving the application, the applicant can conduct an international patent search at the competent search offices (national or regional patent office that meets the requirements set forth by the PCT and designated by the PCT General Assembly). PCT applications originating from Vietnam will be published in the PCT Gazette and subject to international preliminary examination. The appraisal department will prepare a preliminary appraisal report and send it to the International Bureau. At the national stage, the international application is examined for form and substantive according to the procedures prescribed for ordinary patent applications in the host country.
An important advantage of the PCT system is the provision of an additional minimum of 18 months from the expiration of the 12-month priority period, during which time the applicant can evaluate the possibility of commercializing product in different countries and decide which country to register the patent in. By filing an international application, the payment of national application fees and translation costs associated with national applications can be delayed.
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