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Procedures of handling application

  1. Application for Title of Industrial Property Protection must conform to  the regulated standards. Application shall be submitted directly to the National Office of Intellectual Property or NOIP (for local Applicant), or via an IP Agent (for foreign Applicant).

    Note: go to BLANK FORM for obtaining them in MSWord Format 

 

  1. At the first step the NOIP carries out Examination of Formal Conformity. If  the application is accepted the NOIP will issue an Official Notification of Acceptance that grants the application with Official Filing Date (FD), Official Filing Number (FN) and Priority Date (PD).

  1. Publication of Application: Application shall be published in the Industrial Property Gazette, issued by the NOIP, after the Application is accepted for formal conformity.

  1. Substantive Examination: Principle of Substantive Examination is first to file

  • The Substantive Examination for Trademark or Industrial Design is conducted without request, when the application is accepted as to formal conformity and the fee for Substantive Examination has been paid.

  • The Substantive Examination for Invention or Utility Solution shall only be conducted upon request by the Applicant or by a third party. The Request must be written text in a standard form issued by, and submitted to, the NOIP within the regulated term (42 months for Invention, and 36 months for Utility Solution, from the Priority Date).

  1. The regulated Term for Substantive Examination

  • 12 months for Invention or Utility Solution 

  • 06 months for Trademark and Industrial Design.

Requirements for application filing

  1. Patent of Invention, Utility Solution or Design  

  • Name and Address of the Inventor  

  • Name and Address of the Applicants  

  • Specification : Title of Invention, Description, Abstract, Claims,  Drawings, 

    etc. on printed papers  

    Files in electronic Format & Floppy Disk welcome  

  • Priority Document, if any : certified Copy of the first corresponding Application
  • Power of Attorney : no notarization required  

  • Deed of Assignment,  if any, duly signed and notarized

  1. PCT Application  (entering National Phase) for Invention and Utility Model  

  • Name and Address of the Inventor  

  • Name and Address of the Applicants 

  • Copy of the International Preliminary Examination Report 

  • Copy of front Page of Published International Application 
  • Copy of Search Report
  • Specification : Title of Invention, Description, Abstract, Claims,  Drawings, 

    etc. on printed papers  

    Files in electronic Format & Floppy Disk welcome  

  • Priority Document, if any : certified Copy of the first corresponding Application
  • Power of Attorney : no notarization required  

  • No Deed of Assignment required 

  1. Trademark   

  • Name and Address of the Applicant

  • Sample of the Mark  : 01 copy for B&W or 15 copies for color mark

  • Statement of Goods or Services 

  • Priority Document,  if convention priority is claimed

  • Claim for famous or well-known Trademark : Evidence proving that the trademark is famous or well-known

  • Power of Attorney, no notarization required  

 
DETECH & ASSOCIATES
Office: 36 Hang Chao Street, Hanoi, Vietnam * Tel: (84-4) 3734 6695 * Fax: (84-4) 3734 6696
E-mail:  detech@hn.vnn.vn
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