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Time limit for processing patent/utility solution applications

The processing time for patent and utility model applications is an important factor in the process of protecting intellectual property rights. Knowing the processing time will not only help you prepare better but also ensure that your rights are effectively protected. This article will provide detailed information about the processing time for applications, along with the relevant legal regulations, to help you better understand this process.

1. Invention

An invention is a technical solution in the form of a product or process to solve a specific problem by applying the laws of nature. (Article 4.12 of the Law on Intellectual Property)

Inventions are protected in the form of Patents for Inventions or Patents for Utility Solutions. (Article 58.1 of the Law on Intellectual Property).

2. Time limit for processing patent/utility solution applications

From the date of receipt by the Intellectual Property Office, the application for invention/utility solution registration is considered in the following order:

- Formal assessment: 01 month

- Announcement of patent/utility solution registration application:

(i) An application for a patent/utility solution shall be published within the nineteenth month from the priority date or the filing date, if the application has no priority date, or within two months from the date of acceptance of the valid application, whichever is later;

(ii) Patent applications under the Patent Cooperation Treaty (hereinafter referred to as “PCT applications”) are published within 02 months from the date of acceptance of the valid application that has entered the national phase;

(iii) An application for an invention/utility solution with a request for early publication shall be published within 02 months from the date the Intellectual Property Office receives the request for early publication or from the date of acceptance of the valid application, whichever is later. To be published early, the applicant must submit a written request for early publication, stating the reasons for the need for early publication. The request for early publication is not subject to payment of any fees or charges.

- Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if the request is submitted after the date of publication of the application.

[Article 110, Article 119 of the Law on Intellectual Property]