PCT Applicant's Guide 越南 - Valid as from 2023年9月15日

适用起自 2023年9月15日

(发布 2024年10月31日)

此版本最新变更汇总
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
RO: Languages, Electronic filing
ANNEXES: National Fees
变更明细列表

[MT] 有用信息

[MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

[MT] 本文档中使用的缩写列表 :

Office: Intellectual Property Office of Viet Nam (IP Viet Nam)

GD: Government’s Decree No 103/2006/ND-CP of 22 September 2006, detailing and guiding the Implementation of a Number of Articles of the Law on Intellectual Property regarding Industrial Property (amended, supplemented by the Government’s Decree No 122/2010/ND-CP of 31 December 2010)

C: Circular No 01/2007/TT-BKHCN of 14 February 2007, guiding the Implementation of the Decree No 103/2006/ND-CP of 22 September 2006, detailing and guiding the Implementation of a Number of Articles of the Law on Intellectual Property regarding Industrial Property (amended, supplemented by Circulars Nos 13/2010/TT-BKHCN of 30 July 2010, 18/2011/TT-BKHCN of 22 July 2011, 05/2013/TTBKHCN of 20 February 2013 and 16/2016/TT-BKHCN of 30 June 2016)

[MT] 本文档中使用的货币列表 :

CHF (瑞士法郎), VND (越南盾)

[MT] 国家和办事处信息 :

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

[MT] 办公室概况

For more technical information about the Office, refer to ePCT Office profile.

[MT] PCT保留、声明、通知和不相容

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

[MT] 办公室关闭日期

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

[MT] 国际阶段

[MT] 附件B - 关于缔约国或政府间组织的资料

[MT] 缔约国：

越南

[MT] 两个字母代码 :

[MT] 办公室名称:

越南知识产权局 (IP Viet Nam)

[MT] 地点：

384-386 Nguyen Trai Street
Thanh Xuan District
Ha Noi
Viet Nam

[MT] 邮寄地址 :

Same as above

[MT] 电话：

(84-24) 3558 82 17
(84-24) 3858 30 69

[MT] 电子邮件：

vietnamipo@ipvietnam.gov.vn

[MT] 网站地图

http://www.ipvietnam.gov.vn

[MT] 传真：

(84-24) 3858 84 49

[MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?

不

[MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?

Yes, provided that the delivery service is:

DHL,

Federal Express

[MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?

More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.

不

[MT] 由本国国民或居民提交的国际申请的主管接收局:

A resident of Viet Nam may only file directly with the International Bureau of WIPO:
(i) after having obtained written authorization from the Intellectual Property Office of Viet Nam (IP Viet Nam); or
(ii) after an application for a patent for the same invention has been filed at the Intellectual Property Office of Viet Nam (IP Viet Nam).

IB,

[MT] 国家立法是否限制向外国局提交国际申请?

Refer to the Office

[MT] 为本国指定的主管(或选定的)办事处:

Refer to corresponding National Phase.

[MT] 通过PCT 提供的保护类型:

Patent means “patent for invention”, to be distinguished from “patent for utility solution”.

Patents

Patents for utility solution

[MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :

None

[MT] 国际公布后的临时保护 :

None

[MT] 如果该缔约国被指定(或选举 ), 则有关信息

[MT] 发明人姓名和地址必须提供的时间:

Must be in the request. If the data concerning the inventor are missing at the expiry of the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of invitation.

[MT] 是否有关于微生物和其他生物材料的存放的特别规定？

不

Annex C - Receiving Office

[MT] 主管接收办公室为国民和居民:

越南

[MT] 国际申请可用语言提交:

English

[MT] 接受的语言 - 依赖于序列列表中的自由文本 :

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

[MT] 请求书可用语言提交:

English

Number of copies required by the receiving Office if the international application is filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 31 October 2019, pages 161 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

AU,

EP,

JP,

KR,

RU,

SE,

Competent International Preliminary Examining Authority:

AT,

AU,

KR,

RU,

The Office is competent only if the international search is or has been carried out by that Office, the Austrian Patent Office or the Swedish Intellectual Property Office (PRV).

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

300,000 VND

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,330 CHF

Fee per sheet in excess of 30:

15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(RU)
Annex D(SE)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

None

Is an agent required by the receiving Office?

No, if the applicant resides in Viet Nam or has a real and effective industrial or commercial establishment in Viet Nam
Yes, if the applicant is a non-resident or where there are two or more applicants, the first named applicant on the request form (PCT/RO/101) does not reside in Viet Nam

Who can act as agent?

Any attorney with the right to practice before the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Vietnamese

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

For patent for invention or patent for utility solution.

Filing fee

The filing fee is reduced by 50% from 1 July 2021 until 30 June 2022. For further information, refer to the Office’s Circulars No 47/2021/TT-BTC dated 24 June 2021 and No. 120/2021/TT-BTC dated 24 December 2021.

150,000 VND

Fee for priority claims

per priority 600,000 VND

Fee for requesting formality and substantive examination

900,000 VND

Additional fee for each sheet in excess of six

40,000 VND

Search fee

600,000 VND

Fee for publication

120,000 VND

Additional fee for each drawing in excess of one

60,000 VND

Additional fee for each sheet in excess of six

10,000 VND

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit which will be fixed in the invitation

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the priority rights where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Viet Nam

Translation of the international application to be furnished in two copies

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form

Who can act as agent?

Any attorney with the right to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

VN.01 TRANSLATION (CORRECTION)

PCT Article 46

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs NP 6.002 and NP 6.003).

VN.02 PRIORITY DOCUMENT (TRANSLATION)

PCT Rule 17.2(a),

C 23(6)

The Office will require the applicant to furnish a certified translation of the priority document only in certain cases where required for examination. If not already furnished, the Office will invite the applicant to furnish that translation within a time limit which shall be fixed in the invitation.

VN.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex VN.I.

VN.04 REQUEST FOR EXAMINATION

GD Sec. 18(3),

C 15(1)

A patent may be granted only after the substantive examination, which may be requested by the applicant or by a third party. The request must be made in writing within 42 months from the priority date in case of an applica-tion for a patent for invention or 36 months from the priority date in case of an application for a patent for utility solution. The request for examination is only effective if the fee for requesting examination has been paid. The amount of the said fee is indicated in Annex VN.I.

VN.05 REPRESENTATION

GD Sec. 15(3)(b)

An applicant having no habitual residence, headquarters or representative office in Viet Nam must be represented by an attorney authorized to act by the competent authority of the State. A list of registered attorneys is available upon request from the Office.

VN.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Article 28,

PCT Article 41

The applicant may amend or correct the international application up to the grant of the patent, provided the scope of the subject matter is not broadened thereby.

VN.07 INSTRUMENT OF ASSIGNMENT

For details, refer to the model instrument in Annex VN.II. If the applicant has obtained the right to file the international application through the intermediary of one or more other persons and not directly from the inventor, the assignment deed linking the inventor and the applicant must be produced.

VN.08 ANNUAL FEES

C 27

After a patent has been granted, annual fees must be paid for maintaining the patent in force. The first annual fee must be paid within a time limit which shall be fixed in the notification of the grant of the patent. Payment of annual fees for each succeeding year must be made within the last six months of the previous year. If an annual fee is paid later than during this period, the patentee shall be required to pay a supplementary fee amounting to 10% of the annual fee for each month overdue. In the absence of justifiable grounds for delay, failure to pay an annual fee within six months from the last day of the period during which it is due will render the patent invalid.

VN.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Article 24(2),

PCT Article 48(2),

PCT Rule 82bis

Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office upon request by the applicant and where justified.

VN.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Article 25,

PCT Rule 51,

GD Sec. 27

The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. Appeals concerning a decision by the Office will be considered firstly by the Director General of the Office and finally by the Minister of Science, Technology and Environment in administrative proceedings.

VN.11 PATENT FOR UTILITY SOLUTION

PCT Rule 49bis.1(a),

PCT Rule 76.5,

GD Sec. 9(2)(b)

The requirements for the national phase are basically the same as for an application for a patent for invention. A patent for utility solution has a term of 10 years from the filing date. If the applicant wishes to obtain a patent for utility solution instead of a patent for invention in Viet Nam on the basis of an international application, for international applications filed before 1 January 2004, it must have been indicated in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

VN.12 CONVERSION

GD Sec. 13

An international application for a patent for invention filed with the Office may, at the request of the applicant and upon payment of the prescribed fee for requesting conversion, be converted into an application for a patent for utility solution after the substantive examination of the application for a patent for invention has taken place, if the requirements for granting the patent are found not to be fulfilled and if such request for conversion is filed within three months from the date of notification of refusal of the grant of the patent for invention.

Annexes

Annex VN.I - Fees

Patent for invention or patent for utility solution

Filing fee

The filing fee is reduced by 50% from 1 July 2021 until 30 June 2022. For further information, refer to the Office’s Circulars No. 47/2021/TT-BTC dated 24 June 2021 and No. 120/2021/TT-BTC dated 24 December 2021.

150,000 VND

Fee for formality examination

180.000 VND

— additional fee for each sheet in excess of six

8,000 VND

Fee for priority claims

per priority 600,000 VND

Fee for publication

120,000 VND

— additional fee for publication of each drawing in excess of one

60,000 VND

— additional fee for publication of each page in excess of six

10,000 VND

Search fee

600,000 VND

Fee for requesting substantive examination

720,000 VND

— additional fee for substantive examination for each sheet in excess of six

32,000 VND

Fee for grant

660,000 VND

— additional fee for each object in excess of one

100,000 VND

— additional fee for each drawing in excess of one

60,000 VND

Fee for assignment of right

280,000 VND

Fee for appeal

550,000 VND

Annual fees (Patent for invention):

These amounts are applicable from 1 July 2021 until 31 December 2021. For further information, refer to the Office’s Circular No. 47/2021/TT-BTC dated 24 June 2021.

— for the 1st and 2nd years, per year

for the 1st independent claim 750,000 VND

for each independent claim from the 2nd one, plus 350,000 VND

— for the 3rd and 4th years, per year

for the 1st independent claim 950,000 VND

for each independent claim from the 2nd one, plus 550,000 VND

— for the 5th and 6th years, per year

for the 1st independent claim 1,250,000 VND

for each independent claim from the 2nd one, plus 850,000 VND

— for the 7th and 8th years, per year

for the 1st independent claim 1,650,000 VND

for each independent claim from the 2nd one, plus 1,250,000 VND

— for the 9th and 10th years, per year

for the 1st independent claim 2,250,000 VND

for each independent claim from the 2nd one, plus 1,850,000 VND

— for the 11th to the 13th year, per year

for the 1st independent claim 2,950,000 VND

for each independent claim from the 2nd one, plus 2,550,000 VND

— for the 14th to the 16th year, per year

for the 1st independent claim 3,750,000 VND

for each independent claim from the 2nd one, plus 3,350,000 VND

— for the 17th to the 20th year, per year

for the 1st independent claim 4,650,000 VND

for each independent claim from the 2nd one, plus 4,250,000 VND

Annual fees (Patent for utility solution):

These amounts are applicable from 1 January 2022 until 30 June 2022. For further information, refer to the Office’s Circular No. 120/2021/TT-BTC dated 24 December 2021.

— for the 1st and 2nd years, per year

for the 1st independent claim 750,000 VND

for each independent claim from the 2nd one, plus 350,000 VND

— for the 3rd and 4th years, per year

for the 1st independent claim 950,000 VND

for each independent claim from the 2nd one, plus 550,000 VND

— for the 5th and 6th years, per year

for the 1st independent claim 1,250,000 VND

for each independent claim from the 2nd one, plus 850,000 VND

— for the 7th and 8th years, per year

for the 1st independent claim 1,650,000 VND

for each independent claim from the 2nd one, plus 1,250,000 VND

— for the 9th and 10th years, per year

for the 1st independent claim 2,250,000 VND

for each independent claim from the 2nd one, plus 1,850,000 VND

How can payment of fees be effected?

All fees must be paid to the Intellectual Property Office of Viet Nam (IP Viet Nam) in VND. Payments may also be made to:

“Van phong Cuc So huu tri tue”
No. 3511.0.1054889.00000
Kho bac Nha nuoc quan Thanh Xuan
Hanoi
Viet Nam

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex VN.II - Instrument of Assignment

正在处理

WIPO - PCT Applicant's Guide VN - 越南
越南知识产权局 (IP Viet Nam)

[MT] 有用信息

[MT] 国际阶段

[MT] 附件B - 关于缔约国或政府间组织的资料

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

正在处理

WIPO - PCT Applicant's Guide VN - 越南 越南知识产权局 (IP Viet Nam)

信息

Error Information Warning Confirmation

目前所有版本 VN - 越南知识产权局 (IP Viet Nam)

2023

WIPO - PCT Applicant's Guide VN - 越南
越南知识产权局 (IP Viet Nam)