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ARTICLE · 07 MARCH 2012

Patent Prosecution Collaboration: A Must do for Vietnam?

Vietnam must consider available international resources in patent prosecution or allow expedited examination procedures.

VietnamIntellectual Property

By Nguyen Nguyet Dzung

Pending patent applications are those, at one point in time, which have been filed with a certain patent office but not yet examined. Although there have not been any clear statistics, the backlog of unexamined patent applications at many patent offices is huge. According to Wikipedia, the backlog was said to be 4.2 million worldwide in 2007, and, as of 2009, it reportedly continues to grow. Alone, the United States Patent and Trademark Office (USPTO) is reported to have, as of 2009, a backlog of more than 700,000 patent applications.

As another example, the National Office of Intellectual Property of Vietnam (NOIP) has been reported, as of 2010, to have 70% of the total filed applications being pending and unexamined (2010 Annual Report, NOIP). That is, only 30% of the applications filed were granted patents. Delay in patent prosecution and examination is one of the greatest problems with the Vietnam patent system that may cause negative

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