Updates to Vietnam Patent and Trademark Procedures

Patents

Late PCT National Phase Entry no more permitted

Late entry in to the PCT National Phase in Vietnam within 6 several weeks from the 31-month deadline has become not permitted for applications getting stated deadline on or after 15 The month of january 2018. This transformation entails that filing instructions by Applicants for their agents ought to be provided prior to the 31-month deadline to be able to allow ample here we are at preparation from the Vietnamese translation from the specs, which should be posted at the purpose of national phase entry in Vietnam.

However, the nation’s Office of Ip (NOIP) of Vietnam hasn’t provided transition provisions within the recently-implemented Circular for PCT applications whose 31-month deadline has fallen before 15 The month of january 2018, and whose 37-month time period limit (after using the previous 6-month elegance period) falls on or after 15 The month of january 2018. It’s unclear whether a request late national phase entry in Vietnam is going to be permitted for such applications. Clarification about this matter from NOIP should soon be forthcoming.

Security Rules Concerning Inventions

Article 23(b) of Decree No. 122/2010/ND-Clubpenguin of December 31, 2010 (“Decree 122”), specifies that inventions of Vietnamese organisations or individuals, or inventions produced in Vietnam (by Vietnamese or by people from other countries) should be filed first of all in Vietnam before filing at any overseas patent offices. Patent applications regarding stated inventions might be filed elsewhere after 6 several weeks of getting been filed in Vietnam, if they’re determined to not be susceptible to secrecy limitations.

A job candidate must obtain permission to file for overseas additionally to first filing in Vietnam. Article 23(b) also claims that overseas filing is just allowed in jurisdictions with laws and regulations and rules which recognise the security of private inventions.

A provision inside the new Circular permits the NOIP to refuse a patent application that has contravened security control rules, as described in Decree 122. Considering this transformation, it’s suggested that applicants abide using the aforementioned needs of initial filing if they don’t desire to risk losing the chance to safeguard Vietnamese inventions.

Changes to deadlines to reply to official communications from NOIP

The recently-implemented Circular affords Applicants additional time to organize and deal with issues or objections put down at work Actions from NOIP. The deadline for answering NOIP’s notices of formality examination continues to be revised from 30 days to two several weeks (extendable once just for 2 several weeks). For submitting an answer to NOIP’s notice of substantive examination, time limit continues to be revised from 2 several weeks to three several weeks (extendable once just for 3 several weeks).

In addition, the deadline to pay for the cost of grant upon issuance of the notice of aim of grant is revised from 30 days to three several weeks (extendable once just for 3 several weeks). All requisite charges with regards to demands for extensions of your time should be compensated prior to the expiration from the initial time period limit for response.

Trademarks

Worldwide Registration of Trademarks

IP legal rights in Vietnam regarding worldwide registrations of trademarks with the Madrid system are in place based on the NOIP’s Decisions of Protection of Worldwide Registrations of Trademarks together with either the appropriate copy from the Worldwide Registrations Gazette, from WIPO, or documents certifying the security of the worldwide registration in Vietnam, from the NOIP upon the applicant’s request.

Presently, applicants have 3 several weeks to reply to Decisions of Refusal to allow protection title.

In another development, worldwide registrations may certainly be either partly or totally declined upon substantive examination. Formerly, all refusals were instantly considered total refusals.

Responses to Notifications of Provisional Refusal of Worldwide Registrations of Trademarks will be reviewed through the NOIP’s Geographical Indication and Worldwide Trademark Division. Formerly, they were handled through the Appeal and Enforcement Division. Presently, the Appeal and Enforcement Division will review Decisions of Refusal of Worldwide Registrations of Trademarks only.

Finally, in situations where an worldwide registration application expires, it might certainly be transformed into stick to the national application procedure without requirement for substantive examination – NOIP will only check out the application to check on compliance with formality needs. This shortens the examination technique of worldwide registrations designating Vietnam.

Responses to Notices of Examination

The deadline for answering the NOIP’s notices of formality examination has become within two several weeks from the notice getting been issued – this really is extendable for any further two several weeks. Formerly, it was set just 30 days, with scope for any further month’s extension.

Similarly, the deadline for answering the NOIP’s notices of substantive examination has elevated to within three several weeks of issue, extendable for any further three several weeks. It was formerly set at two several weeks, with two months’ possible extension.

Lastly, time-frame needed for re-study of applications isn’t designed to exceed six several weeks.

Opposition

The NOIP will examine notices of opposition before serving the notice around the applicant.

In which the NOIP views an opposition to become groundless, it won’t serve the opposition upon you. Work will just inform you of their refusal from the opposition. Formerly, the NOIP’s practice ended up being to serve the notice of opposition around the applicant whether or not there is any merit towards the opposition. Is lawcrossing.com scam? Find out the truth about LawCrossing here.

When the opposition relates right of registration, and also the NOIP is not able to recognize if the opposition ought to be recognized, the NOIP will state the opponent so they could decide whether or not to initiate court proceedings.

It’s wished the provisions of the aforementioned Circular is going to be clarified, with extra guidance, later on Circulars and/or Decrees to become from NOIP and/or even the Vietnamese Government, so the amendments could be efficiently applied into practice.