After submitting patent
application at National Office of Intellectual Property
in Vietnam (NOIP), the applicant will concern on how their application
will be processed.
Specifically, patent
application will be gone through the following phases: receipt of application;
formality examination of application; substantive (ex-officio) examination of
application; grant of or refusal to grant protection titles; official
registration and publication of decisions on the grant of protection titles.
Firstly, receipt of
patent application:
When receiving the
application in this first phase, the NOIP will check and prepare with the
documents listed in the declaration to consider whether to receive the
dossiers. In case of sufficient dossiers according to the law, the receiving
officer shall receive the dossiers and stamp the submitting date in the
dossiers and send back a declaration to the applicant. In case of insufficient
dossiers, the NOIP shall decline to receive the dossiers.
Secondly, formality
examination of patent application:
The purpose of formality
examination is for examination of observance of regulations on formalities
applicable to applications, serving as a basis for concluding whether
applications are valid or invalid. If the application is valid, it will be
proceeded to the next step, otherwise, it will be denied. The formality is
considered related to the language in the application, application
presentation, word size; the declaration must ensure the compulsory information
and be uniformed; regarding the documents required to have the confirmation of
competent authority then those documents must have that seal. Besides, the NOIP
also check the filing date and priority date (if any). If there are any errors
in the dossiers, the NOIP will send a notification to applicant of intention to
refuse the valid application and set a period so as the applicant can correct
the errors. In case applicant does not reply to the notification, the NOIP will
issue the refusal notification of the application; if the application is valid,
the NOIP will issue the acceptance notification of the valid application.
Thirdly, publication of
valid application:
After being accepted the
validity, the NOIP will publish the valid application on Industrial Gazette in
the nineteenth month from the date of priority or the filing date in case the
application has no date of priority or within two months after it is accepted
as a valid application, whichever is later. If the patent application is
under the Patent Cooperation Treaty,
it shall be published within two months from the date it is accepted as a valid
application and entering the national phase. Regarding the application which
request for earlier publication, it shall be published within two months from
the date the NOIP receives that request or the date it is accepted as a valid
application, whichever is later.
Fourthly, substantive
examination of patent application;
The purpose of
substantive examination is to assess the protect ability of objects stated in
those applications under the protection conditions and corresponding protection
coverage. Be noted that during the substantive examination process to the
application having the priority, the NOIP may use the searching information result
and corresponding substantive examination result of the application submitted
abroad. However, the applicant could actively provide the following documents
for substantive examination: (i) searching information result and corresponding
substantive examination result of the application submitted abroad (ii) the
copy of protection title on the basis of similar application submitted abroad
(iii) the documents related to technical art of the subject mentioned in the
application which provided by oversea competent authority and other documents.
The content of substantive examination is to assess the corresponding of the
subject in the application to each protection claim. After finishing the
substantive examination period, the NOIP will issue one of the following
notifications:
-The subject in the
application does not satisfy the protected conditions or satisfies the
protection conditions and remains some errors. Then, the NOIP will issue a
notification of intention of refusal to grant protection title and set a period
for applicant to have opinion and correct the errors. If the applicant replies
to the notification and the NOIP considers to be suitable, then NOIP then
issues the intention of granting protection title and set a period for
application to submit the granting fee.
-If the subject in the
application satisfies the protected conditions, the NOIP then issues the
intention of granting protection title and set a period for application to
submit the granting fee.
In both the above cases,
if the applicant submits the granting fee, publication of granting decision
fee; registration protection title fee and first year remaining validity fee,
applicant will then be granted the patent registration certificate. Every year,
applicant will have to submit the remaining validity fee, otherwise, the
protection title will be invalid. It is suggested that patent attorney in Vietnam will
be assigned to follow up with the authority for effective management of IP
properties.
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