Filing
For Non-PCT patent & utility solution applications
Documents required :
1. One copy of description, claims, abstract and drawings/tables (if any) of the invention in English for translation into Vietnamese;
2. A POA from the applicant(s), which just needs to be signed by the Applicant. No notarization or legalization is necessary. (A fax copy is acceptable at the time of filing provided that the original is submitted within three months from the filing date);
3. A Certified copy of the earlier/basic application(s), if a Convention priority is claimed. (Required within three months from the filing date);
4. A Deed of Assignment of the Priority Rights, where the Applicant is different from the Applicant having filed the Priority Application (required within three months from the filing date);
Information required:
1. Full name, address and nationality of the Applicant(s) and Inventor(s);
2. Country, Application No., filing date and Applicant(s) from the basic application(s).
For entry into national phase of PCT applications
1. A POA from the applicant(s), which just needs to be signed by the applicant(s). No notarization or legalization is necessary (can be filed within 34 months from the priority date);
2. One copy of the international application in English for translation into Vietnamese, which should contain the following contents (required at filing);
- Under PCT Article 22: Description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended, together with any statements under PCT Article 19);
- Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts amended, both as originally filed and as amended by annexes to the international preliminary examination report).
Important Note: All National phase patent applications must be accompanied with the Vietnamese translations upon filing. Late submission of the translation can be considered case by case at the discretion of the examiner and will subject to an official fee of US$40.00. However, late submission is not recommended.
Filing
For Non-PCT patent & utility solution applications
Documents required :
1. One copy of description, claims, abstract and drawings/tables (if any) of the invention in English for translation into Vietnamese;
2. A POA from the applicant(s), which just needs to be signed by the Applicant. No notarization or legalization is necessary. (A fax copy is acceptable at the time of filing provided that the original is submitted within three months from the filing date);
3. A Certified copy of the earlier/basic application(s), if a Convention priority is claimed. (Required within three months from the filing date);
4. A Deed of Assignment of the Priority Rights, where the Applicant is different from the Applicant having filed the Priority Application (required within three months from the filing date);
Information required:
1. Full name, address and nationality of the Applicant(s) and Inventor(s);
2. Country, Application No., filing date and Applicant(s) from the basic application(s).
For entry into national phase of PCT applications
1. A POA from the applicant(s), which just needs to be signed by the applicant(s). No notarization or legalization is necessary (can be filed within 34 months from the priority date);
2. One copy of the international application in English for translation into Vietnamese, which should contain the following contents (required at filing);
- Under PCT Article 22: Description, claims, any text matter of drawings, abstract (if amended, both as originally filed and as amended, together with any statements under PCT Article 19);
- Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts amended, both as originally filed and as amended by annexes to the international preliminary examination report).
Important Note: All National phase patent applications must be accompanied with the Vietnamese translations upon filing. Late submission of the translation can be considered case by case at the discretion of the examiner and will subject to an official fee of US$40.00. However, late submission is not recommended.
Annuity for Invention/ Utility Solution patent
Information required:
1. The information relates to patent as: Patent Number, Owner of patent, filing date, granting date, priority date.
2. The effective year for which the annuity should be paid.
Notes:
(i) Annuity fees can be paid within 6 months before the expiration date of the patent’s validity;
(ii) The late payment is acceptable, provided that these fees shall be paid within 6 months from the expiration date and the surcharge of 10% per late month is added.
Recordal of Patent Assignment Agreement
Required documents:
1. Notarized POA from the Assignor or Assignee to ENCO (as to attached form);
2. Two original or certified copies of the Assignment Agreement;
3. The original Registration Certificate(s).
Recordal of Patent License Agreement
Required documents:
1. Notarized POA from the Licensor or Licensee to ENCO (as to attached form);
2. Two original or certified copies of the license agreement. If it is a sub-license agreement, the application must include the Certificate of Recordal of the exclusive license agreement concerned;
3. The certified copy of the patent/registration certificate;
4. The notarized copy of the Business registration certificate or Investment Certificate in case it is a trademark license agreement and the Licensee is Vietnamese.
Change of the proprietor name/ address
Required documents:
1. POA to ENCO (as to attached form);
2. The original Patent (if the Patent was granted);
3. Notarized or certified documents of competent authorities evidencing the change (such as Business registration certificate)
Duplicate of Invention/Utility Solution Patent
Required documents:
1. POA to ENCO (as to attached form);
2. Official letter to NOIP to inform the reason of the lost or damage of the patent.
