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Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our fee schedule in relation to the patent registration proceeding as follows:
a) Protection criteria:
A patent shall be eligible for protection in the form of the grant of a Patent for Invention or a Patent for Utility solution when it satisfies the following conditions:
|Being novel||Being of an inventive step||Being susceptible of industrial application|
|Patent for Invention||P||P||P|
|Patent for Utility solution||P||P|
According to your email, as the international preliminary report on patentability of WIPO, the invention is novel but not of an inventive step. Therefore, it shall be eligible for protection in the form of the granting Patent for Utility solution.
Currently, a number of countries and regional patent offices provide utility model protection. These include: Albania, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Belarus, Belize, Botswana, Brazil, Bulgaria, Chile, China, Costa Rica, Croatia, Czech Republic, Denmark, Dominica, Dominican Republic, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lao People’s Democratic Republic, Malaysia, Mexico, Mongolia, Mozambique, Oman, Namibia, Nicaragua, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Swaziland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Viet Nam, ARIPO, OAPI and Andean Community.
b) Validity of Patent for Invention:
Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.
Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.
c) Procedure and timeline:
A patent application will be examined through the following process:
|Time Frame||Content of examination|
|National phase entry||Depending on each country, the application must be filed to IP Office before the deadline: |
– 30-month deadline: July 20, 2017
– 31-month deadline: August 20, 2017
|All required documents must be submitted to the IP Office.|
|Formality examination||01-03 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents||The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Patent will issue the decision on the legitimate formality of the application.|
|Publication||Within 19 months from the filing date (if no request for early publication)||The application will be published on the Industrial Property Gazette.|
|Substantive examination||Within 18 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date)||The protective criteria of the patent will be examined.|
|Granting||01-03 months from the date of Notification of granting Patent|| |
– The Applicant pays the registration and publication fees. The Patent will be published on Industrial Property Gazette.
d) Required documents and information:
The following documents/information should be provided:
i. The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 monthfrom the filing date);
ii. The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;
iii. The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);
iv. Name and addressof:
– Author(s) of invention/utility solution;
v. A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.
vi. The claims and specification of the Patent.
2. Fee schedule
The basic fees are calculated based on the number of independent claim, pages of specification, priority claims and words of specification of the patent. Please determine the designated countries for filing, we will send you the correspndent fee. The list below includes the filing deadlines of several countries. If you want to know about deadlines of other countries in the aforementioned list, please contact for detailed information.
(30 months / 31 months)
|Republic of Korea|| |
We hope the above is of your assistance. Should you have any inquiries, please do not hesitate to contact us. We look forward to hearing from you soon.
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