Amended Patent Procedures In Vietnam

Vietnam amended its Intellectual Property Laws in the form of Circular No. 16/2016/TT-BKHCN which came into force on 15th January, 2018

The amendments done in patent procedures were mostly related to application rules, patent applications, and examination procedures. Below are the main changes in patent procedures:

1. 6-month grace period for late PCT national phase entry has been removed

Basis new changes incorporated in PCT national phase entry applications, above circular has cancelled allowing late PCT national phase entry within 6 months of the 31-month deadline. However, it does not include transition provisions.

With following change, applicants are requested to provide filing instructions before 31-month deadline for Vietnamese translation, which are required at the time of national phase entry.