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International patent registration

Filing an international patent is an important step in protecting your intellectual property rights globally. Understanding the process and the legal requirements involved will not only help you expand your coverage, but also ensure that your rights are optimally protected. This article will provide detailed information about the international patent registration process, helping you to take the necessary steps effectively.

1. Conditions and procedures for filing international patent applications originating from Vietnam under the PCT Treaty

- To submit an international patent application originating from Vietnam under the PCT Treaty, the application must include at least 01 (one) individual who is a citizen of a member country or an organization with a legal business establishment in a member country of the PCT Treaty.

- The applicant may submit an international patent application originating from Vietnam under the PCT Treaty directly to the International Bureau and the International Searching Authority or may submit the application through the National Office of Intellectual Property for the National Office of Intellectual Property to conduct a preliminary examination of the form and send the application to the International Bureau and the International Searching Authority within 12 months and the security condition is 06 months from the date of filing the first application.

- International patent application dossier includes:

(i) 03 “PCT REQUEST” declaration forms (posted on website: http://wipo.int)

(ii) 03 Patent descriptions (language used is English)

(iii) A copy of the first application for priority filed with the International Bureau

(iv) Power of attorney (if the application is filed through an industrial property representative service organization);

(v) Preliminary formality assessment fee: 300,000 VND

(vi) Fees payable to the International Bureau and the search authority (posted on website: http://wipo.int)

- International search agencies and international preliminary examination agencies include: Australia, Austria, Russian Federation, Sweden, Korea, Singapore, European Patent Office.

[Article 89a of the Law on Intellectual Property, Article 19 of Decree 65/2023/ND-CP]

2. Application form

Applicants may submit international patent applications originating from Vietnam under the PCT Treaty directly or by post to one of the application receiving points of the National Office of Intellectual Property, specifically:

- Head office of the Intellectual Property Office, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the Department of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.

- Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting application documents by post, the applicant needs to transfer money via postal service, then photocopy the Money Transfer Receipt and send it with the application documents to one of the above-mentioned application receiving points of the Intellectual Property Office to prove the amount of money paid.

(Note: When transferring fees to one of the above application receiving points of the Intellectual Property Office, the applicant must send the application via post to the corresponding application receiving point).