• Patent fees

Fees associated with a PCT national phase entry in Vietnam as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Vietnam

The time limit for entering a Vietnamese national phase of a PCT application is 31 months from the date of the earliest priority. The extension of this deadline is not possible.

• Minimum filing requirements in Vietnam

The specification of the application including description, drawings, set of claims and amendments thereof (if any) in Vietnamese.

• Power of Attorney requirements

The original of a simply signed Power of Attorney must be submitted within 34 months from the earliest priority date. Notarization or legalisation is not required.

• Priority Document

Filing a priority document is not required for a PCT application in Vietnam.

• Substantive examination request

A request for substantive examination can be filed within 42 months from the earliest priority date. The accelerated examination program is available. Besides, it is possible to file a request for use of the search and examination results from the ASPEC member-country, and thus expedite the examination process. 

• Publication and opposition period

The application is published within two months from the date a Notice of Formality Acceptance is issued. The period for filing opposition against a Vietnamese patent application by a third party commences on the publication date and ends after 9 months counted from the publication date.

• Grant and maintenance fees

The grant fee must be paid within three months from the date when a decision to grant a patent is issued. Annual maintenance fees in Vietnam are due for each year after the grant of the patent. The first annuity is usually settled together with the official fee for the grant. All subsequent annuities should be paid within six months before the anniversary of the grant date. Late payment is possible within six months after the due date alongside payment of a surcharge.

• Grace period

If the disclosure of the information on the invention has been made by the applicant, inventor or assignee at the officially recognised exhibition within 12 months before the date of filing, such disclosure does not disprove the novelty of an invention.

• Representation by a patent attorney

It is required for the foreigners to perform the PCT national phase entry in Vietnam through an agent, a Vietnamese registered patent attorney.

Brief summary is based on the information provided by HAIHAN-IP on 27.02.2024
Please contact us if the above information is not in conformity with Vietnamese IP Laws.