Once an organization or individual creates an invention, it may register for protection in Vietnam or may register for protection in other countries. For each country applying for protection, the requirements for international patent applications are different. The international patent registration is carried out in accordance with the PCT’s regulations. To clarify the international patent application under PCT, BIGPRO would like to introduce to customers the following article:

1. What is PCT?

PCT is an acronym for Patent Cooperation Treaty. The Patent Cooperation Treaty was signed on June 19, 1970 in Washington, the PCT took effect on June 1, 1978, and Vietnam joined the PCT on March 10, 1993.

The PCT allows to seek patent protection for an invention simultaneously in a large number of countries by filing a single international patent application instead of filing several international patent applications. particular country or region. Patent issuance remains under the control of a national or regional Patent Office.

2. International Patent Application under PCT

International patent applications include two types:

The first. PCT application designating or selecting Vietnam: An application claiming protection in Vietnam, filed in any member country of the PCT Treaty, including Vietnam.

Monday. PCT application originating in Vietnam: An application filed in Vietnam, including a claim for protection in any member country of the PCT Treaty, including Vietnam.

In this article, we would like to introduce issues related to PCT applications originating in Vietnam

Conditions and procedures for filing an international application for an invention of Vietnamese origin under the PCT . Treaty

– In order to file an international application for an invention of Vietnamese origin under the PCT, at least 01 (one) individual who is a citizen of a country that is a member or an organization with a business establishment must be present in the application. legitimate business in a country that is a party to the PCT.

– The applicant can proceed to apply for an international registration of an invention of Vietnamese origin under the PCT Treaty directly to the International Office and the International Searching Authority or can submit the application through the National Office of National Property. intellectual property for the NOIP to preliminarily check the form and send the application file to the International Bureau and the International Searching Agency within 12 months and the security condition is 6 months from the date of filing the application. firstly.

– An application file for international patent registration includes:

(i) 03 “PCT REQUEST” declarations (posted at website: http://wipo.int)

(ii) 03 Invention Description (language is English)

(iii) A copy of the first application for priority application to be submitted to the International Bureau

(iv) Power of attorney (if the application is filed through an industrial property representation service organization);

(v) Formal assessment fee: 300,000 VND

(vi) Fees payable to the International Bureau and the search agency (posted on the website: http://wipo.int)

– International search agency and international preliminary examination agency including: Australia, Austria, Russian Federation, Sweden, Korea, Singapore, European Patent Office .

Application form

The applicant may submit an international application for an invention of Vietnamese origin under the PCT Treaty directly or by post to one of the NOIP’s application receiving points, specifically:

– Office of the National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

– Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 7th floor, Ha Phan building, 17/19 Ton That Tung, Pham Ngu Lao ward, district 1, Ho Chi Minh city.

– Representative office of the National Office of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case the application is submitted by post, the applicant needs to transfer money via the postal service, then photocopy the remittance receipt and send it together with the application file to one of the above-mentioned application-receiving points of the Department. Intellectual property to prove the amount paid.

(Note: When transferring fees and charges to one of the above-mentioned application-receiving points of the National Office of Intellectual Property, the applicant needs to send the application by post to that application-receiving point).