PATENT REGISTRATION UNDER THE PCT TREATY

1. Introduction to the Patent Cooperation Treaty (PCT)

- The Patent Cooperation Treaty (PCT), signed on June 19, 1970, in Washington, currently has 152 member states. Vietnam has been a member of the treaty since 1993.

- The PCT provides an efficient and cost-effective system for filing patent applications, replacing the need to submit separate applications in individual countries. This system benefits both applicants and intellectual property (IP) offices by saving time and resources while also facilitating the exchange of technical information contained in patent documents among nations and the scientific community.

- The PCT governs the international application process but does not grant international patents. Patent granting remains the prerogative of individual member states based on the applicant's request. In Vietnam, Intellectual Property of Vietnam (IPOVN) is the designated receiving office for international patent applications.

2. Required Documents for Filing an International Patent Application Originating from Vietnam

PCT request form in English (prepared and supported by Á Đông for the applicant's signature).
Patent specification, including claims and drawings (if applicable) in English (prepared or translated into English by Á Đông).
Power of attorney authorizing Á Đông: here.
Relevant documents, such as priority documents (if applicable).
Fees and charges for filing the international application.

3. Procedure for Filing an International Patent Application at Á Đông

1. Receiving Patent Information

Á Đông collects detailed information from the client about the invention to be filed internationally, including:

Patent specification.
Illustrative drawings (if any).
Relevant documents.

2. Client Consultation

Á Đông’s attorneys provide comprehensive advice on:

The procedure and requirements for filing an international application.
Client benefits and associated costs.
Preliminary assessment of the patent’s eligibility for protection under PCT standards.

3. Preparation of Legal Documents

Á Đông takes full responsibility for preparing the necessary legal documents, including:

The international application form (PCT/RO/101).
Patent specification, claims, and drawings (if applicable).
Other required documents.

4. Filing the Application with Intellectual Property of Vietnam (IPOVN)

Á Đông’s attorneys handle the filing of the international patent application with the IPOVN. The IPOVN examines the formalities, collects the fees, and forwards the valid application to:

WIPO (World Intellectual Property Organization).
International Search Authorities.

5. International Search

The patent application is sent to designated international search authorities, such as Austria, Australia, Russia, South Korea, Sweden, or the European Patent Office.

The search results are typically available within:

16 months from the priority date.
9 months if there is no priority date.

6. Publication of the Application

The patent information is published in the PCT Gazette within 18 months from the priority date.

7. International Preliminary Examination (Optional)

Applicants may request an international preliminary examination to receive non-binding opinions on the invention's compliance with the criteria of:

Novelty.
Inventive step.
Industrial applicability.

8. National Phase Entry in PCT Member States

Within 30-31 months from the priority date, the applicant must file for patent protection in the designated PCT member states. The applications will be examined based on the respective national laws.

9. Post-Filing Support

Á Đông provides ongoing support to clients in addressing issues such as: