What is the time limit for PCT national phase entry in Vietnam?

07/14/2023 14:25

The time limit applicable for entering the national phase in Vietnam, irrespective under PCT Article 39(1) or PCT Article 22 is 31 months from the earliest priority (or the international filing date if the international application claimed no priority).

A grace period for nationalizing a PCT application in Vietnam is not obtainable unless the late filing is caused by force majeure (wars, natural disasters, accidents…).

National Office of Intellectual Property (N.O.I.P) is the government authority to receive, verify and approve international applications for invention in Vietnam. All document should be prepared in Vietnamese and must be submitted through attorney or agent. Power of attorney is a must for the agent to fulfill their duty and assistance.

Required information

+ Full name, address and nationality of the applicant or author

+ Priority country of the application, priority application number and priority date

+ International application number

+ PCT application/publication number.

Required documents

+ An English version of the specification

+ Translation of the international application to be furnished in two copies

+ Power of Attorney (POA)

+ Copy of PCT Application Publication, including International Search Report and International Preliminary Examination Report (if any).

+ Modifications; written comments on the amendment (if any) pursuant to Article 19 and / or Article 34.2.b) of the PCT Treaty and a copy of the revised description and claim.

+ Transfer contract, if the PCT application is transferred to another applicant in the international / national phase and the transfer has not been recognized by the International Bureau (the original of the Transfer Contract must be submitted. within 34 months from the earliest priority date of the PCT application)

In case of publication of the PCT International Application that is not in English, please send us the English version of this document for us to translate.


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