Tiếng Việt
The Patent Cooperation Treaty (PCT) provides an international system where an applicant can apply for an invention at the same time in multiple countries using one application, language and fee. So how to apply for a patent registration through PCT?
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Mục lục
1. What is PCT?
Patents are only valid within the national territory, so the registration of foreign invention protection takes time and money. To solve this problem, the Patent Cooperation Treaty (PCT) created an international patent application filing system. Instead of having to apply in separate countries, patent applicants can file one international application at the same time in multiple countries.
1.1. Language in patent registration through PCT
The language when filing a patent application through the PCT is English. An international application originating in Vietnam to be submitted to the National Office Of Intellectual Property (NOIP) made in English and in 03 copies. For applications that lack copies, the NOIP will supplement and require the applicant to pay a copy fee.
1.2. International search agency
For international applications originating in Vietnam, competent international search offices and international preliminary examination offices are patent offices, industrial property or intellectual property offices of Australia, Austria, Russian, Sweden, Korea and the European Patent Office.
1.3. Patent registration received through PCT in Vietnam
The agency competent to receive international invention registration applications in Vietnam is the National Office Of Intellectual Property. NOIP is responsible for:
– Receive an international application originating in Vietnam;
– Collecting the international application fee and reporting the fees to the applicant;
– Check and process international applications originating in Vietnam;
– Determination of the object of the claim for protection in the international registration application;
– Send the file to the International Bureau and search copy to the International Search Office;
– Send and receive mails to/from applicants and the International Bureaus.
2. Patent registration file through PCT
An invention registration dossier through PCT originating in Vietnam includes the following documents:
– 02 international invention registration declaration;
– Copy of international application;
– Vietnamese translation of the international application;
– Receipt of payment of fees and charges;
– Power of attorney if the application is filed through an industrial property representative
3. How to file an international patent registration application
Organizations and individuals wishing to register an invention via PCT can apply online, in person or by post.
– When submitting an application online, the applicant uses the ePCT system to submit an application to the NOIP. The Department will then transfer the patent application originating in Vietnam to the International Bureau via electronic system instead of paper.
– Apply directly at the application-receiving point of the National Office of Intellectual Property. The applicant prepares paper documents to submit directly at the receiving point of the Department, address: 386, Nguyen Trai, Thanh Xuan, Hanoi.
– Filing the application by post: the applicant uses the services of the courier. The dossier is still sent to the NOIP’s application-receiving point.