1. Definition Registering trademark through Madrid System is a method of international registration applied to members of Madrid System. Applicant…
Patent registration through the PCT
1. What is the Patent Cooperation Treaty (PCT)
PCT is an international treaty with 148 contracting States.
2. Purposes of the PCT
The PCT makes it possible 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 separate national or regional patent applications.
3. The PCT in Vietnam
The agency competent to receive international patent applications in Vietnam is National Office of Intellectual property of Vietnam (NOIP).
The NOIP shall:
– Receive international applications originating in Vietnam;
– Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation Treaty – PCT (hereinafter referred to as the Treaty);
– Check whether or not the fees are paid on time;
– Check and process international applications originating in Vietnam under the Treaty;
– Identify objects sought to be protected: If objects sought to be protected of applications are classified as national secrets, next steps shall not be performed and paid fees shall be refunded to applicants, except for the fees for sending and copying international applications;
– Send a copy (file copy) of an international application originating in Vietnam to the International Bureau and another copy (search copy) to the International Search Authorities;
– Send and receive mails to/from applicants and the International Bureaus.
– Application: patent application in NOIP
– International Search: International Search shall be requested in one of the IP of offices of Austria, Australia, the Russian Federation, the Republic of Korea, Sweden and the European patent office.
– Publication of the application: After receiving PCT applications originating in Vietnam shall be published in the Gazette of the PCT (PCT Gazette).
– International preliminary examination: To express an opinion and not binding preliminary patent claims in a PCT application has to meet the standards of novelty, inventive step, and industrial applicability to apply under the PCT or not
– Processing applications in the national phase: Expired from 30-31 months from first filing date (or priority date (if any)), patent applicants need to conduct procedures to require patent protection in the Member States of PCT, selected by the applicant. Then, this unit will be tested in accordance with each country’s regulations.
– Declaration of PCT applications originating in Vietnam was made in English (supported by InvestOne drafting and signing representative for patent applicants);
– A description of invention, the claim, drawings (if any) in English (by InvestOne guidance or make written and translated into English);
– Power of attorney (supported by InvestOne drafted and signed by the patent applicant);
– The related documents (eg documents for claiming priority…);
– International filing fee.