Sunday, April 22, 2018
Patent registration procedure

a. After filing to NOIP, what do we do next? Wait for formality examination?
Yes. Formality examination will be carried out right after the application is filed to the NOIP. This procedure normally lasts for 01-02 months from the filing date. As to PCT applications, this duration shall be computed from the first date of the 32nd month after the 31-month anniversary for entry into Vietnam national phase.

b. Do we must request for each step? Such as request for publication, request for substantive examination, request for anything?

No request for publication is required. The application publication shall be automatically made within 02 months from the date of official acceptance of application formality (in case of PCT patent applications) or within the 19th month from the priority date (in case of non-PCT patent applications). In the latter cases, a request for early publication may be filed to the NOIP in order for relevant applications to be early published (i.e. within 02 months from the date of official acceptance of application formality).

A request for substantive examination must be filed to the NOIP, optionally right at the filing time or within 42 months computed from the priority date.

Additionally, one may optionally file to the NOIP requests for amendment of applications, for acceleration of applications in substantive examination stages, or oppositions against any other application, or appeals against any decision of the NOIP.

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