A PCT Application entering the Vietnam national phase shall be processed as follows:
- Claims for the right of priority shall be processed in accordance with the PCT and the Regulations on implementation of the PCT. To enjoy the right of priority, an applicant shall:
- a) Reaffirm the claim for the right of priority in the written declaration;
- b) Pay fees for the examination of the priority claim;
- c) Submit, upon request of IP Vietnam, Vietnamese translations of necessary documents already submitted to the International Bureau and other necessary documents as specified in Rule 17.1(a) of the Regulations on implementation of the PCT.
- The applicant may amend or supplement documents included in the application. Amendments or supplements to documents included in the application shall comply with the following regulations:
- a) Articles 28 and 41 of the PCT, Rule 52.1(b) and Rule 78.1(b) of the Regulations on implementation of the PCT, and Article 115 of the Law on Intellectual Property;
- b) Powers of attorney, documents on assignment of rights to file the application in international phase (if any) shall be submitted within a time limit of 34 months from the date of priority (if the application claims the right of priority) or the filing date of the international application;
- c) Amended or supplemented documents filed to IP Vietnam by the applicant shall be made in Vietnamese.
- The PCT Application entering the national phase shall be processed on the first day of the 32ndmonth from the date of priority (if the application claims the right of priority) or from the filing date of the international application. If the applicant submits a written request for early processing of the PCT Application entering the national phase, the application shall be processed prior to the expiration of the time limit.
4. The PCT Application entering the national phase shall undergo the formality and substantive examination following procedures applicable to patent applications filed under national procedures, and shall be published within a time limit of 02 months after the date of being duly accepted.
