CN 
EN 什么是专利？
可专利性标准
- 发明允许主动解决技术领域中的特定问题
- 一项发明可能是或可能涉及一种产品或过程
- 如果现有技术未预料到本发明是新颖的。
- 现有技术是在世界任何地方，通过书面出版物，通过口头公开，通过使用或在优先权日之前以任何方式向公众公开的任何东西。
- 如果一项发明可以在任何类型的工业中制造或使用，则应认为该发明在工业上适用。
- 排除据称以明显违反既定的自然法则的方式运作的商品或程序。永动机。
- 如果该领域的普通技术人员没有创造能力，将被直接且无困难地解决，则为显而易见/非创造力
- 发明人证明了聪明人是否会说：“我不会想到这一点”
专利申请程序
The Life of a Patent
对于2001年8月1日或之后提交的专利，只要规定了年费，专利的寿命是自提交之日（对于直接国家申请）和从国际提交之日（对于PCT国家阶段申请）算起的20年。已付款。
The maximum term of protection of a patent is 20 years from the the filing date provided the prescribed renewal fees are paid during the protection period.
专利起诉过程始于向专利局提交的专利注册申请。
Next, Preliminary Examination will be carried out to determine if the application is in compliance with the formal requirements.
自提交之日起18个月后，该申请将公开接受公众检查。
After the application passes the preliminary examination, the applicant is required to request for substantive or modified substantive examination within 18 months from filing date in which the Examiner will determine if the claimed invention appears to be novel, inventive and industrially applicable.
授予书将在获得书记官长批准后颁发。
授予专利后，需要从注册日期起每年更新专利，直到专利到期为止。
专利申请的总处理时间可能是（18个月至2年或更长时间）
In Singapore, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. Legislations:
The Singapore patent protection is governed by the Patents Act (Cap. 221).
2. Patentability Criteria:
A Singapore patent should satisfy the following criteria to claim protection:
new
involves an inventive step
capable of industrial application
3. Utility Innovations:
N/A in Singapore
4. Membership:
√ – Paris Convention
√ – PCT
Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country.
Singapore is also a member of the PCT since 1995. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Singapore within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Rule of Priority:
“First to File” is the rule followed by Singapore in determining priority of Singapore patents.
6. Duration:
The term of a Singapore patent is 20 years from the date of filing subject to the payment of renewal fees.
1. Application
Every applicant is required to file an application to the registrar of patents within 12 months of priority date.
2. Publication
The application will be published after 18 months from the date of filing of the application.
3. Examination
There are 2 examination routes.
Option 1: Request for local Search and Examination within 36 months from the priority date.
Option 2: Request for Modified Examination within 54 months from the priority date. If option 2 is followed, the applicant shall submit prescribed information on the foreign corresponding application, with a claim correspondence table under a supplementary examination process. The applicants can respond to negative examination reports and supplementary examination reports within 2 months from the date of receipt of Notice of Intention to Refuse.
4. Registration
Upon receiving Notice of Eligibility to Proceed to Grant from the Patent Registrar, the applicants can submit a Request for Grant within 2 months. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.
The following information and/or documents are required to file an application for a Singapore patent:-
Direct National Application:-
1. Request for the grant of a patent (PF 1(2004)):-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent (PF 41)
3. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
1. Form 37;
2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. One copy of the PCT specification as originally filed (in or translated to English);
5. One copy of any amendments filed in the international phase (in or translated to English);
6. An Appointment of Agent form signed by the applicant; and
7. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. PCT Filing Patent Application | 180 | 630 |
2. Non-PCT Filing Patent Application | 150 | 630 |
3. Request for Search and Examination | 2170 | 670 |
4. Issuance Fee -each claim in excess of 25 claims | 170 17 | 350 |
**Service Bureau fee not included
*Service Bureau fee is approximately USD125 for item 1&2,USD 100 for item 3, USD 40 for item 4
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
5th to 7th year (each year) | 230 | 170 |
8th to 10th year (each year) | 230 | 170 |
11th to 13th year (each year) | 300 | 170 |
14th to 16th year (each year) | 410 | 210 |
17th to 19th year (each year) | 500 | 250 |
**Service Bureau fee not included
*Service Bureau fee is approximately USD40 per renewal
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and abstract in English | no legalization required | On filing date |
Drawings | (if any) | On filing date |
Additional Documents for Convention Patent Application
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy of the basic patent application. | Within 2 months after filing |
Appointment of Agent (PF41) | Within 2 months after filing |
Additional Documents for Entry of PCT National Phase in Singapore
DOCUMENTS | TIME OF FILING |
|---|---|
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or | On filing date |
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) | On filing date |
In Malaysia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. Legislations:
Patents Act 1983 (Act 291).
2. Patentability Criteria:
A patent has to fulfil the following conditions in order to claim protection.
it is new
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
discoveries, scientific theories and mathematical methods,
plant or animal varieties or essentially biological processes for the production of plant or animals,
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
3. Utility Innovations:
The Patent Malaysia system also provides for the grant of utility innovation certificates. A utility innovation must fulfil the criteria of novelty and industrial applicability (but not inventiveness). A utility innovation certificate may only have one claim and subject to evidence of commercial/industrial use in Malaysia, enjoys the same duration of protection like a patent.
4. Membership:
√ – Paris Convention
√ – PCT
Malaysia is a member of the Paris Convention since 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Rule of Priority:
Unless requested by an Examiner, there is no requirement to file a certified copy of any priority application. In determining the priority of patents, “first to file” is the rule for Patent Malaysia.
6. Duration:
Under Patent Malaysia, patents filed prior to 1st August 2001 are awarded protection up to 15 years from the date of grant or 20 years calculated from the filing date, whichever expires later. For patents filed on or after 1st August 2001, the duration is 20 years calculated from the filing date (for a direct national application) and from the international filing date (for a PCT national phase application)
1. Filing of Patent Application
Every applicant is required to submit an application to the registrar of patents within 12 months of priority date.
2. Publication
Details of the application, including the specification are made available for public inspection after 18 months from the patent Malaysia filing date. Once published, the application will enjoy provisional protection under which, upon grant, the patentee may claim compensation for unauthorized use of the invention prior to grant.
3. Substantive Examination
Every applicant has to file a request for a substantive or modified substantive examination within 18months (for filing made before 15 February 2011, it was 24months) from the patent filing date (for a non-PCT patent filing into Malaysia) and within 48 months from the international filing date (for a PCT national entry into Malaysia), wherein the registrar will refer the application to the examiner. The examiner will then submit a report after examining the application for compliance of regulations. Once the applicant makes observations on the report or amendments as the case may be the examiner will again report to the registrar who will then process the application.
4. Registration
Once registered, a patent Malaysia is valid for a term of 20 years and will be subject to protection upon payment of annual renewal fees. Annuity is payable upon grant.
The following information and/or documents are required to file an application for a patent Malaysia:-
Direct National Application:-
1. Request for the grant of a patent Malaysia (PF 1):-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Malaysia Agent (PF 10)
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
1. Form 2A ;
2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. One copy of the PCT specification as originally filed (in or translated to English);
5. One copy of any amendments filed in the international phase (in or translated to English);
6. An Appointment of Agent form signed by the applicant; and
7. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) | |
|---|---|---|---|
1. Filing Patent Application – each claim in excess of 10 claims – USD 7 | 150 | 270 | |
2. Examination | 370 | 240 | Due 18 months from the date of filing |
3. Issuance Fee | 50 | 100 |
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
2nd annuity | 100 | 140 |
3rd annuity | 120 | 140 |
4th annuity | 140 | 140 |
5th annuity | 170 | 140 |
6th annuity | 190 | 140 |
7th annuity | 220 | 140 |
8th annuity | 230 | 140 |
9th annuity | 260 | 140 |
10th annuity | 280 | 140 |
11th annuity | 300 | 170 |
12th annuity | 320 | 170 |
13th annuity | 370 | 170 |
14th annuity | 420 | 170 |
15th annuity | 450 | 170 |
16th annuity | 560 | 190 |
17th annuity | 640 | 190 |
18th annuity | 740 | 190 |
19th annuity | 840 | 190 |
20th annuity | 900 | 190 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and abstract in English | no legalization requirement | On filing date |
Drawings | (if any) | On filing date |
Additional Documents for Convention Patent Application
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy of the basic patent application | Within 2 months from request by the Examiner |
Appointment of Agent (PF10) | Within 2 months from request by the Examiner |
Additional Documents for Entry of PCT National Phase in Malaysia
DOCUMENTS | TIME OF FILING |
|---|---|
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or | On filing date |
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) | On filing date |
On 1 January 2012, the Patents Order 2011 and Patents Rules 2012 came into effect. The Brunei’s Patent Order 2011 replaces the previous re-registration system of Singapore, Malaysia, UK and EP (designating UK) patents and establishes an independent patent system.
1. Legislations:
Patents Order 2011 and Patents Rules 2012.
2. Patentability Criteria:
A patent has to fulfil the following conditions in order to claim protection.
new
involves an inventive step
capable of industrial application
3. Utility Innovations:
N/A in Brunei.
4. Membership:
√ – Paris Convention
√ – PCT
Any PCT application with international filing date on or after 24 July 2012 may designate Brunei Darussalam (country code – BN)
5. Rule of Priority:
Paris Convention priority can be claimed in Brunei.
6. Duration:
The term of a patent granted under the Order shall be 20 years from its filing date. Annual fees shall be payable in respect of the fifth year onwards.
1. Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date.
2. Preliminary Examination
A formalities examination for forms will be carried out to ensure statutory compliance
3. Publication
The application will be published after 18 months after the date of filing of the application.
4. Examination
There are 4 ways of examination, details of which can be found in the following page.
4a. Examination
Option 1: Request For Local Search and Examination (Non-PCT)
The applicant may request a search within 13 months from the priority date to be followed by a request for examination within 21 months from the priority date or a combined search and examination within 21 months from the priority date.
4b. Examination
Option 2.1: Notification To Rely on Prescribed Information From a Prescribed Patent Office (Non-PCT) or International Preliminary Report on Patentability ( For PCT National Entry)
The applicant can furnish prescribed information ( ie, search, examination results and claims in English) of corresponding foreign application from a prescribed patent office (namely, from either Europe, USA, Japan, Australia, Canada, United Kingdom, New Zealand or South Korea) ( for non-PCT filing) or IPRP ( for PCT national entry) to meet local grant requirements within 42 months from the priority date. Please be informed that under this option, the claims must either be the same or narrow in scope as compared to the claims in the corresponding application that have been examined for novelty, inventive step and industrial applicability.
4c. Examination
Option 2.2: Notification To Rely on Prescribed Information Under the Slow Track (Non-PCT)
If the applicant is unable to produce prescribed information showing final results or grant of foreign application from a prescribed patent office, the applicant can opt to proceed under the slow track by filing a block extension of time by 39 months and extend the deadline for filing the notification or prescribed information to 60 months.
4d. Examination
Option 3: Request For Local Search and Examination Under the Slow Track (PCT National Entry)
The applicant can file a block extension of time by 39 months and request local examination based on the International Search Report or request combined search and examination at time of requesting the block extension, similar to the slow track option of a non-PCT application.
5. Registration
Upon the receipt of a search and examination report, the applicant would have to assess if it is worthwhile to proceed to obtain a grant of a patent and maintain the patent. If the applicant chooses to do so, he would then submit a request for grant. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.
The following information and/or documents are required to file an application for a patent in Brunei:
Direct National Application:-
11. Request for the grant of a patent (PF 1):-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent (PF 46)
3. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
1. Request for the grant of a patent(PF42);
2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. One copy of the PCT specification as originally filed (in or translated to English);
5. One copy of any amendments filed in the international phase (in or translated to English);
6. An Appointment of Agent form signed by the applicant(PF 46); and
7. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. PCT Filing Patent Application | 140 | 640 |
2. Non-PCT Filing Patent Application | 140 | 640 |
3. Request for Search and Examination | 2210 | 680 |
4. Issuance Fee -each claim in excess of 25 claims | 170 17 | 390 |
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
5th to 7th year (each year) | 140 | 170 |
8th to 10th year (each year) | 230 | 170 |
11th to 13th year (each year) | 300 | 170 |
14th to 16th year (each year) | 390 | 220 |
17th to 19th year (each year) | 470 | 220 |
20th year | 560 | 220 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Duly signedCertified copy of the basic patent application. | Within 2 months after filing |
Appointment of Agent (PF46) | Within 2 months after filing |
Additional Documents for Convention Patent Application
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy of the basic application. | Within 2 months after filing |
Appointment of Agent (PF46) | Within 2 months after filing |
Additional Documents for Entry PCT National Phase in Brunei
DOCUMENTS | TIME OF FILING |
|---|---|
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or | On filing date |
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) | On filing date |
1. Legislations:
The Myanmar Patent and Design Act was issued in 1995 but never came into effect. The law was subsequently repealed. The 1946 Patents and Designs (Emergencies Provisions) Act (Emergencies Act) remains on Myanmar’s statute books, although it is essentially defunct as its main purpose was to apply Indian Patents and Designs Act of 1911. Since the India Act was never listed in the Myanmar Codes, there is effectively no patent and design law in Myanmar. Meanwhile, the Attorney General Office under the assignment of the Government has already drafted the new Patent Law and Industrial Design Law in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the least, WIPO in 2001. In this interim period, patent/design may be registered under section 18(f) of the Registration Act.
2. Patentability Criteria:
A patent has to fulfil the following conditions in order to claim protection.
it is new
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
discoveries, scientific theories and mathematical methods,
plant or animal varieties or essentially biological processes for the production of plant or animals,
schemes, rules or methods for doing business, performing mental acts
3. Utility Solutions:
N/A in Myanmar
4. Membership:
√ – WTO
√ – Paris Convention
X – Patent Cooperation Treaty (PCT)
5. Rule of Priority:
Priority claim is not yet available in Myanmar Registration system.
6. Duration:
In Myanmar, the law does not enact the validity period of a patent registration. According to the established practice, renewal of registration is usually done once in every three-year by one of the following ways:-
Renewal by re-registration in the form of Declaration
Renewal by re-publication in the local daily newspapers or weekly journals
Renewal by both re-registration and re-publication.
1. Declaration
A patent owner is required to submit a declaration containing solemn statement of facts to the Registry of Deeds and Assurances
2. Registration
A patent is registered on submission of the declaration by the owner.
3. Publication
Publication of cautionary notices in designated local newspapers serve to avoid possible infringements and passing off actions.
4. Protection
There exists no procedure for the protection of patents per se.
The following information and/or documents are required to file an application for a patent in Myanmar:-
Direct National Application:-
1. Application Form:-
a) the name, address and nationality of the applicant;
b) the name, address and nationality of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
4. There is no requirement for the filing of an assignment from inventor to applicant.
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Declaration of Ownership of Patent | Signed and notarized If it has already been registered elsewhere (i.e. US Patent Application No), its registration number and the country, the detailed background of the invention must be attached with Declaration. | On filing date |
Additional Documents for Convention Patent Application
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Power of Attorney | Signed and notarized. The signature and seal of the Notary in turn must be attested by Myanmar Embassy in the country concerned | On filing date |
In Thailand, patent protection is obtainable by way of filing a direct national application.
1. Legislations:
Patent Act B.E. 2522
2. Patentability Criteria:
An invention is patentable if:
it is new
it involves an inventive step
it is industrially applicable
3. Utility Innovations:
Thailand has both patents and “petty patents” (utility model patents). Petty patents are granted to “inventions” that are new and industrially applicable, but lack an inventive step.
4. Membership:
√ – Paris Convention
√ – PCT
Thailand is a member of the Paris Convention from 2008, whereby applications from convention countries will be subject to the same priority date in Thailand. The application for priority has to be made within six months of the first application in a convention country.
5. Rule of Priority:
“First to file” is the rule followed by Thailand in determining priority of patents.
6. Duration:
The term of protection for a patent is 20 years, petty patent is 6 years and that of design patents is 10years.
1. Application
An application will be file by either the owner or his agent having a fixed place of business or address in Thailand with the Trademark Board.
2. Examination
The examination of the application by the Trademark examiner will take 6-8 months for completion.
3. Publication
The mark is published in the Official Trademark Journal if considered to be registrable.
4. Opposition
The trademark will be granted registration if no opposition is made within 90 days of its publication.
5. Registration
The applicant will be required to pay a registration fee within 30 days of receipt of notification. The time limit for a trademark registration varies from 12- 18 months.
The following information and/or documents are required to file an application for a patent in Thailand:-
Direct National Application:-
1. Request for the grant of a patent:-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars (including the serial number and filing date) of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language (i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. One copy of the PCT specification as originally filed (in or translated to English);
4. One copy of any amendments filed in the international phase (in or translated to English);
5. An Appointment of Agent form signed by the applicant; and
6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing an Application | 17 | 570 |
2. Claiming Priority | 2 | 144 |
3. Publication | 9 | 180 |
4. Request for Examination | 9 | 340 |
5. Grant Fee | 17 | 200 |
Translation of patent specification from English to Thai per 100 words – USD20
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
5th year | 1000 | 220 |
6th year | 1200 | 220 |
7th year | 1600 | 220 |
8th year | 2200 | 220 |
9th year | 3000 | 220 |
10th year | 4000 | 220 |
11th year | 5200 | 220 |
12th year | 6600 | 220 |
13th year | 8200 | 220 |
14th year | 10000 | 220 |
15th year | 12000 | 220 |
16th year | 14200 | 220 |
17th year | 16600 | 220 |
18th year | 19200 | 220 |
19th year | 22000 | 220 |
20th year | 25000 | 220 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification (description, claims and abstract) | – | On filing date |
Thai translation of the specification (description, claims, abstract) | – | Within 90 days from filing date |
Drawings | (if any) | On filing date |
Additional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | certified copy from the respective Patent Office required | Within 16 months from the priority date or before publication |
Power of Attorney | duly signed and notarized | On filing date |
Deed of Assignment (if applicant(s) is not inventor(s)/ designer(s)) | Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; NO notarization required | On filing date |
Statement of Applicant’s Right (if applicant(s) is inventor(s)/ designer(s)) | Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; no notarization required | On filing date |
Optional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Foreign examination report/ granted patent of the corresponding patent from one of the major patent office | Submission can speed up the examination | Date of request of substantive examination or anytime during examination |
Additional Documents for Entry of PCT National Phase in Thailand
DOCUMENTS | TIME OF FILING |
|---|---|
English translation of the international application (if it is filed in a language other than English) | On filing date |
A copy of the International Search Report (form PCT/ISA/210) | On filing date or within 2 months from the date of entry |
A copy of Notification Concerning Submission or Transmittal of Priority Document (form PCT/IB/304) | On filing date or within 2 months from the date of entry. |
Details of the PCT application (suitably, the bibliographic page as published by WIPO). | On filing date |
International preliminary examination report international search report (chapter 2). | On filing date (if available) or anytime during the pendency of the examination or anytime while the examination is active |
Notification of Recording of a Change; (a) Inventor (b) Name (c) Applicant | On filing date (if available) or anytime during pendency of the application |
One copy of the PCT specification as originally filed (in or translated to English). | On filing date |
One copy of any amendments filed in the international phase (in or translated to English). | On filing date or anytime while the application is active |
In Laos, patent protection is obtainable by way of either entering the national phase of a PCT application or filing a direct national application.
1. Legislations:
Decree No. 01/PM on Patent, Petty Patent and Industrial Designs.
2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.
it is new
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
discoveries, scientific theories and mathematical methods,
schemes, rules or methods for doing business, performing mental acts or playing games,
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;
pharmaceutical products as provided in Article 136 of this Law;
plant or animal varieties or essentially biological processes for the production of plant or animals,
plant varieties.
3. Petty Patents:
The Laos patent system also provides for the grant of petty patents (utility model). A petty patent must fulfill the criteria of novelty and industrial applicability (but not inventiveness). Validity of a petty patent is 10 years from the official filing date in Laos and can be extended one time for a period of 2 years, provided that annual maintenance fee is paid. The maximum term of protection 12 years.
4. Membership:
√ – Paris Convention
√ – atent Cooperation Treaty (PCT)
Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country.
Laos is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Laos within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Rule of Priority:
“First to file“ is the rule followed by Laos in determining priority of patents.
6. Duration:
The duration of protection is 20 years from the official filing date, provided that annual maintenance fee is paid.
The following information and/or documents are required to file an application for a patent in Laos:-
Direct National Application:-
1. Application Form:-
a) Name, address and nationality of the applicant;
b) Name, address and nationality of the inventor;
c) Title of the invention/petty invention
d) Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. a copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. one copy of the PCT specification as originally filed (in or translated to English);
4. one copy of any amendments filed in the international phase (in or translated to English);
5. an Appointment of Agent form signed by the applicant; and
6. if the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
The following information and/or documents are required to file an application for a trademark application in Laos:-
1. Application form.
2. Power of Attorney.
3. Twenty (20) clear copy of the mark.
4. A list of goods or services (which closely follow the Nice International Classification).
5. The full name, nationality and registered address of the applicant.
6. For marks that contain non-English words, a certified transliteration and translation.
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification including description, claims, abstract | 2 copies | On filing date |
Drawings | 2 copies (if any) | On filing date |
Additional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Certified priority documents | Convention priority can be claimed within 12 months from the first filing date of a foreign application. | On filing date |
Search report of the invention issued by any patent examiner of the foreign country or by relevant international organization | On filing date | |
Power of Attorney | Notarized | On filing date |
Deed of Assignment | Notarized | On filing date |
Documents required for Entry of PCT National Phase
DOCUMENTS | TIME OF FILING |
|---|---|
Details of the PCT application | On filing date |
International preliminary examination report | On filing date |
International search report | On filing date |
Notification of recording of a change | On filing date |
Amendments file in the international phase | On filing date |
In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. Legislations:
Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent.
2. Patentability Criteria:
An invention is patentable if:
novel
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
discoveries, scientific theories and mathematical methods,
plant or animal varieties or essentially biological processes for the production of plant or animals,
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
3. Utility Innovations:
There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.
4. Membership:
√ – Paris Convention
√ – PCT
Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.
Indonesia is also a member of the PCT since 1997. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Indonesia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Rule of Priority:
“First to File” is the rule followed by Indonesia in determining priority of patents
6. Duration:
A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.
1. Filing of Patent Application
Every applicant is required to submit an application within 12 months of priority date.
2. Publication
A patent application will be published within 18 months of the filing date.
3. Opposition
The publication is for a duration of 6 months during which oppositions are invited from interested parties. The statements of opposition and counter statement will be considered in the examination stage.
4. Substantive Examination
A request for examination has to be filed within 36 months after the filing date of the application else could result in automatic withdrawal of the application. Also a simple patent is examined only for novelty.
5. Registration
The patent office is obligated to grant or reject a patent within 36 months after the receipt of an examination date. On successful completion of formalities a patent certificate will be issued by the office and the invention will be listed in the general register of patent.
The following information and/or documents are required to file an application for a patent in Indonesia:-
Direct National Application:-
1. Request for the grant of a patent:-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. PCT specification as originally filed;
4. International Preliminary Report on Patentability;
5. One copy of any amendments filed in the international phase (in or translated to English);
6. Power of Attorney
7. Filing of an assignment from inventor to applicant.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing an Application – Each additional claim over 10 claims – USD 26 – Preparing and Filing Formal Drawings per sheet – USD 26 | 75 | 595 |
2. Convention priority claim | – | 72 |
3. Request for Substantive Examination | 250 | 740 |
4. Grant Fee | 50 | 350 |
Translation and typing of patent specification fees per page – USD30
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1st to 3rd year (each year) – Addition fee per claim (excess 10) | 95 10 | 284 3 |
4th to 5th year (each year) – Addition fee per claim (excess 10) | 125 15 | 284 5 |
6th year – Addition fee per claim (excess 10) | 188 20 | 284 6 |
7th to 8th year (each year) – Addition fee per claim (excess 10) | 250 30 | 284 9 |
9th year (each year) – Addition fee per claim (excess 10) | 315 38 | 290 12 |
10th year (each year) – Addition fee per claim (excess 10) | 440 38 | 327 12 |
11th to 20th year (each year) – Addition fee per claim (excess 10) | 625 38 | 448 12 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and extract in English | translated into Indonesian Language. | On filing date |
Drawings | (if any) | One month from application date |
Additional Requirement
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | With certified English translation | 16 month from priority date (non-extendable) |
Power of Attorney | No legalization requirement | 1 month from application date |
Assignment of Invention (if the applicant is not the inventor) | No legalization requirement | 1 month from application date |
Additional Documents for Entry of PCT National Phase in Indonesia
DOCUMENTS | TIME OF FILING |
|---|---|
Form PCT/IB/306 or Notarized copy of Certificated of Change | 2 month from application date |
PCT specification as originally files | 1 month from application date |
Form PCT/RO/101 | 1 month from application date |
Form PCT/IB/332 | 1 month from application date |
Form PCT/IPEA/401 | 1 month from application date |
Form PCT/IPEA/408 | 1 month from application date |
Form PCT/IPEA/416 | 1 month from application date |
Amendments file in the international phase | Between application until substantive examination request |
In Philippines, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. Legislations:
The Intellectual Property Code of the Philippines (Republic Act No. 8293)
2. Patentability Criteria:
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:-
Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
Aesthetic creations; and
Anything which is contrary to public order or morality.
3. Utility Innovations:
Utility models are registrable in the Philippines. A utility model must fulfil the criteria of new and industrial applicability (but not inventiveness). The term is seven (7) years without renewal.
4. Membership:
√ – Paris Convention
√ – PCT
Philippines is a member of the Paris Convention from 1965, whereby applications from convention countries will be subject to the same priority date in Philippines. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Rule of Priority:
“First to invent” is the rule followed by Philippines in determining priority of patent.
6. Duration:
A patent application once registered is valid for 20 years from the date of application.
1. Application
Every applicant is required to an application to with Intellectual Property Office of the Philippines within 12 months of priority date.
2. Examination
After the assignment of a filing date the application will be examined. And a search report be submitted to the applicant.
3. Publication & Substantive Examination
The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within 6 months from the date of publication. Letters of patent will be granted on completion of substantive examination. The invention will be published in the IPO Gazette together with other relevant information.
4. Opposition
Third parties are invited to oppose the applications within the stipulated publication period.
5. Registration
Finally on completion of objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 2 -3 weeks. The registration is effective from date of application.
The following information and/or documents are required to file an application for a patent in Philippines:-
Direct National Application:-
1. Request for the grant of a patent:-
a) the name, nationality and address of the applicant;
b) the name, nationality and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent (PF 10)
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent
4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language (i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. One copy of the PCT specification as originally filed (in or translated to English);
4. One copy of any amendments filed in the international phase (in or translated to English);
5. An Appointment of Agent form signed by the applicant; and
6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing an Invention – Each claim in excess of 5 – USD 12 – Each sheet in excess of 30 – USD 1.30 | 96 | 545 |
2. Preparing Formal Drawings per sheet | 13 | |
3. Claiming Convention priority | 48 | 80 |
4. Request for Examination | 93 | 305 |
5. Publication fee of granted patent | 20 | 168 |
6. Issuance fee | 40 | 168 |
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
5th annuity | 2700 | 220 |
6th annuity | 3600 | 220 |
7th annuity | 4500 | 220 |
8th annuity | 5400 | 220 |
9th annuity | 7200 | 220 |
10th annuity | 9000 | 220 |
11th annuity | 11600 | 220 |
12th annuity | 14400 | 220 |
13th annuity | 17000 | 220 |
14th annuity | 20700 | 220 |
15th annuity | 24300 | 220 |
16th annuity | 27800 | 220 |
17th annuity | 31400 | 220 |
18th annuity | 37700 | 220 |
19th annuity | 45300 | 220 |
20th annuity | 54300 | 220 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and extract in English | no legalisation | On filing date or within two months from the date of entry |
Drawings* | if any | On filing date |
*Note:
(a) The set of drawings must be signed by the applicant or by his attorney or agent;
(b) The set of drawings were must be made in a Bristol board or in a paper that is flexible, strong, white, smooth, non-shiny and durable;
(c) The set of drawings must be made in a pen or by photolithographic which give the satisfactory reproduction characteristics; shading and lines were not present in the sectional view;
(d) The sectional view of the set of drawings must be indicated on the general view by a broken or dotted line;
(e) The space in the heading must be reserved at the right and the signature placed on the left, one figure must be placed upon another or within the outline of another.
(f) The drawing must show every feature of the utility model or industrial design covered by the claim(s), and the figures should be consecutively numbered.
Additional Documents for Convention Patent Application
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy of the basic patent application. | On filing date or 6 months from the date of entry |
Power of Attorney | signed; notarization is not required | On filing date or within 2 months from the date of entry |
Assignment of Invention (if the applicant is not the inventor) | No legalization requirement | 1 month from application date |
Additional Documents for Entry of PCT National Phase in Malaysia
DOCUMENTS | TIME OF FILING |
|---|---|
English translation of the international application (if it is filed in a language other than English) | On filing date |
A copy of the International Search Report (form PCT/ISA/210) | On filing date or within 2 months from the date of entry |
A copy of Notification Concerning Submission or Transmittal of Priority Document (form PCT/IB/304) | On filing date or within 2 months from the date of entry. |
Details of the PCT application (suitably, the bibliographic page as published by WIPO). | On filing date |
International preliminary examination report international search report (chapter 2). | On filing date (if available) or anytime during the pendency of the examination or anytime while the examination is active |
Notification of Recording of a Change; (a) Inventor (b) Name (c) Applicant | On filing date (if available) or anytime during pendency of the application |
One copy of the PCT specification as originally filed (in or translated to English). | On filing date |
One copy of any amendments filed in the international phase (in or translated to English). | On filing date or anytime while the application is active |
In Vietnam, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. Vietnam’s current patent rules make available three types of patent:
(i) Patent for inventions;
(ii) Patent for utility solutions; and
(iii) Patent for industrial designs
1. Legislations:
Intellectual Property Law 50/2005
2. Patentability Criteria:
A Patent for invention has to satisfy the following criteria to claim protection
新颖性
Inventive Step
Industrial Applicability
Non-Patentable Subject Matter:
plant or animal varieties;
method for prevention, diagnosis or treatment of diseases in human being,
animals or plants;
topographical design of integrated circuits and computer programs.
3. Utility Innovations:
Utility Solution is protected on the basis of Patent for Utility Solution. For A Utility Solution it is not required to have an inventive step as in case of Invention.
4. Membership:
√ – Paris Convention
√ – PCT
Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.
Vietnam is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Vietnam within 31 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. Eligibility:
Applicants not residing or carrying on business in Vietnam have to nominate a Vietnamese Patent agent to act on their behalf.
6. Rule of Priority:
“First to file” is the rule followed by Vietnam in determining priority of patents.
6. Duration:
A patent once registered is valid for a term of 20 years from the date of legitimate filing for Invention or 10 years for Utility Solution.
1. Filing of Patent Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date.
2. Examination
A Formal examination is conducted within one month of the date of issuance of the filing date. Responses for amendment for an application are made within 2 months from the date of request.
3. Publication
Publications for national applications are made within 19 months of the priority date and 2 months of the acceptance date in case of PCT applications.
4. Substantive Examination
A request for substantive examination has to be made within 42 months of the priority date. The duration of the substantive examination lasts for 12 months from the date of filing the request.
5. Registration
The duration of registration takes a minimum period of 21 months. The registration is effective from date of application.
The following information and/or documents are required to file an application for a patent in Vietnam:-
Direct National Application:-
1. Request for the grant of a patent:-
a) the name, address and nationality of the applicant;
b) the name, address and nationality of the inventor;
c) title of the invention/utility solution;
d) country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. One copy of the PCT specification as originally filed (in or translated to English);
4. One copy of any amendments filed in the international phase (in or translated to English);
5. An Appointment of Agent form signed by the applicant; and
6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing an Application with one independent claim – Each further independent claim – USD 79 – Each page in excess of 5 pages – USD 3 | 10.3 | 380 |
2. Convention Priority | 34.4 | 50 |
3. Publication of application – Each drawing in excess of 2 – USD 9 | 6.9 | 115 |
4. Request for Substantive Examination including search – Each additional independent claim – USD 67 | 30.9 | 285 |
5. Publication of Decision on Grant of Patent – Each further figure in excess of 2- USD 9 | 6.9 | 115 |
4. Request for Substantive Examination including search – Each additional independent claim – USD 67 | 30.9 | 285 |
5. Publication of Decision on Grant of Patent – Each further figure in excess of 2- USD 9 | 6.9 | 115 |
6. Acceptance & Grant Fee – Each independent claim in excess of one- USD 12 – Drawing in excess of one – USD 9 | 13.8 | 153 |
Translation of patent specification from English to Vietnamese per 100 words – USD13
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) | |
|---|---|---|---|
1st to 2nd year (each year) – Each additional Independent claim | 17.2 17.2 | 170 25 | |
3rd to 4th year (each year) – Each additional Independent claim | 27.5 27.5 | 170 25 | |
5th to 6th year – Each additional Independent claim | 44.7 44.7 | 180 40 | |
7th to 8th year (each year) – Each additional Independent claim | 68.7 68.7 | 180 40 | |
9th to 10th year (each year) – Each additional Independent claim | 103 103 | 200 70 | |
11th to 13th year (each year) – Each additional Independent claim | 144.2 144.2 | 220 70 | |
14th to 16th year (each year) – Each additional Independent claim | 188.2 188.2 | 220 | 70 |
17th to 20th year (each year) – Each additional Independent claim | 240.3 240.3 | 220 70 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification, claims and abstract in English | Vietnamese translation of the specification, claims and abstract is also required at filing | On filing date |
Drawings | Vietnamese translation of the drawings is also required at filing | On filing date |
Additional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified copy | Within three months from the filing date |
Power of Attorney | Notarized | Within one month from the filing date |
Deed of Assignment | Notarized |
Documents Required for Entry of PCT National Phase
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Copy of the PCT request form | On filing date or later | |
Details of the PCT application | On filing date | |
International preliminary examination report | According to the Vietnam patent law and regulations, the Vietnamese translation of the International preliminary examination report should be filed to the NOIP at the time of filing the Request for Examination | On filing date |
International Search Report | On filing date | |
PCT specification as originally files | Vietnamese translation of the PCT specification is also required at filing | On filing date |
Amendments file in the international phase | Vietnamese translation of the amendment is also required at filing | On filing date |
Power of Atthoney | Nortarized | Within 34 months from the priority date |
1. Legislations:
Decree No. 54/2000/ND-CP.
2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.
3. Criteria:
A trade mark has to fulfil the following conditions in order to claim protection.
it must be distinctive
it cannot be generic
it cannot be deceptively similar to a previous or existing trademark.
It cannot be a geographical name or surname
It cannot be deceptive or confusing
It cannot be scandalous or offensive
it cannot have direct reference to the character or nature of the goods/services
4. Membership:
√ – Paris Convention
√ – Madrid Protocol
Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.
5. Rule of Priority:
“First to File” is the rule followed by Vietnam in determining priority of trademarks.
6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years for an unlimited period.
1. Application
Every applicant is required to submit an application to Vietnam Trademark Office.
2. Examination
Formal Examinations are conducted within 3 months from the filing date. Responses for amendments to application are made within 2 months from the date of request.
3. Publication
A trademark will after examination be published in the government gazette subject to the satisfaction of the registrar.
4. Substantive Examination
A substantive examination takes place 6 months from the date of publication.
5. Registration
On completion of the formalities a certificate of registration is granted. The duration of registration takes a minimum period of 12 months. The registration is effective from date of application.
The following information and/or documents are required to file an application for a trademark application in Vietnam:-
1. Application form.
2. Power of Attorney.
3. Twelve (12) clear copy of the mark.
4. A list of goods or services (which closely follow the Nice International Classification).
5. The full name, nationality and registered address of the applicant.
6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.
7. For marks that contain non-English words, a certified transliteration and translation.
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
Search per mark per class (up to 6 goods/services) – additional fee for each goods/services for 7th goods/services onwards | – | 160 |
Filing application for one class excluding registration fee (up to 6 goods/services) – additional fee for each goods/services for 7th goods/services onwards | 42 7.5 | 300 7 |
Grant of Trademark Registration | 22.5 | 250 |
Recordal of Assignment, per mark | 21 | 250 |
Filing Renewal of Trademark Registration – additional fee for each class | 42 34 | 200 100 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Power of Attorney | must be duly signed by the applicant | A copy on filing date with the original to be submitted within one month |
Image/ representation of the mark | not larger than 8x8cm | On filing date |
Additional Documents for Claiming Convention Priority
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | certified | A copy on filing date with the original to be submitted within one month |
(if applicable) Documents for Filing a Request of Recordals of Assignments and Changes
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Power of Attorney | duly signed | On filing date |
The original Certificate of Trademark registration | On filing date | |
02 originals of the Trademark Assignment Agreement signed by both Assignor and Assignee. | duly signed | On filing date |
Declaration of Change of Name/Address or legal documents showing the change of name/address | notarized or certified | On filing date |
(if applicable) Documents for Filing an Opposition or Counter-Opposition
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
A Power of Attorney (POA) | duly signed | On filing date |
Evidence of use of the mark in Vietnam (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) | On filing date | |
Documents proving that the mark is well-known: – The countries where the mark is registered; – The countries where the mark is recognized as being well-known; – The value of the mark in business transactions, such as assignment, licensing, investment capital contribution, etc. – The estimated number of concerned consumers who may know the mark through buying, selling, or using the products or services bearing the mark, or through advertisement of the mark; – The countries where the products or services bearing the mark are circulated or provided; – The turnover from selling the products or supplying services bearing the mark, or number of products sold; – The duration of continuous use of the mark; | If the trademark is well-known trademark | On filing date |