Requirements
Documents
1. A power of attorney from the applicant duly certified by a Notary
Public; legalization is not necessary (required at filing; a fax copy
is acceptable provided that the original is submitted within three
months from the filing date).
2. A notarized deed of assignment from the inventor(s) to the
applicant if the applicant and the inventor(s) are not the same
(required at filing; a fax copy is acceptable provided that the
original is submitted within three months from the filing date).
3. A notarized deed of assignment of the priority rights where the
applicant is different from the applicant having filed the priority
application (required within three months from the filing date).
4. A copy of the specification, claims, drawings and abstract in
English for translation into Vietnamese (required at filing).
5. Certified copi(es) of the priority document(s) and their sworn
English translation(s) (if the priority document not in English)
or Exhibition Certificate if Paris Convention Priority should be
claimed (required within three months from the filing date).
Information1. Full name, address, nationality of the applicant and inventor(s).
2. Country, application No., filing date and applicant of the basic
application(s) from which Paris Convention Priority is claimed.
PCT Applications Requirements for Entry into the National Phase
Documents
1. A power of attorney from the applicant duly certified by a Notary
Public; legalization is not necessary (required within 24 or 34
months from the priority date applicable under PCT Article 22
or 39 respectively).
2. A notarized deed of assignment where the applicant entering in
the National Phase is different from the applicant having filed the
International Application (required within three months from the
filing date).
3. * Under PCT Article 22 ( 21 months from the priority date):
Specification, claims (if amended, both as originally filed and as
amended, together with any statement under PCT Article 19),
any text matter of drawings, abstract (required at filing).
* Under PCT Article 39 (31 months from the priority date):
Specification, claims, any text matter of drawings, abstract
(if any of those parts amended, both as originally filed and
as amended by the annexes to the International Preliminary
Examination Report) (required at filing).
Annexes to the International Preliminary Examination Report (required at filing).
Information Name and address of the inventor(s) if they have not been furnished in the "Request" part of the International Application.
Recordal of Assignment
Requirements of an Assignment Agreement
1. Full name and address of the assignor and assignee.
2. Details on the assigned subject.
3. Price of the assignment and term of payment.
4. Rights and obligations of each party.
5. Conditions for amendment, termination and invalidation of the
agreement.
6. Method of settlement of complaints and disputes.
7. Date and place of signing.
8. Signatures of the parties or of their authorized representatives
with full name, position of the signatories.
Notes(i) Assignment should be recorded with the Vietnam National
Office of Industrial Property to be enforceable.
(ii) Request for recordal should be filed within 60 days from the
date of signing the agreement.
(iii) Agreement must be affixed with corporate seals or certified
by a Notary Public.
Documents Required for Recordal of an Assignment Agreement1. Notarized powers of attorney from the assignor and assignee.
2. Two originals or two certified copies of the agreement, including
appendix or appendices (if any) and its Vietnamese translation.
3. Original Patent of Invention/Utility Solution/Industrial Design or
Certificate of Registration of Trademark.
Recordal of License Agreement Requirements of a License Agreement
1. Full name and address of the licensor and licensee.
2. Details of the licensed subject.
3. Scope of the license which includes:
- Type of the license (exclusive/non-exclusive).
- Object of license determined by the restrictions on the right to use and
the restrictions on the industrial property object (Patent for
Invention/Utility Solution/Industrial Design or Certificate of Registration
of Trademark).
- Territorial restriction (the Vietnamese territory).
- Duration (within the duration of Patent for Invention/Utility
Solution/ Industrial Design or Certificate of Registration of
Trademark).
In case of a sub-license, the license scope must fall within the license scope of the exclusive license agreement on the corresponding sub-license.
4. Price of the license.
5. Rights and obligations of each party.
6. Conditions for amendment, termination and invalidation
of the agreement.
7. Measures of settlement of complaints and disputes.
8. Date and place of signing.
9. Signatures of the parties or of their authorized representatives
with full name, position of the signatories.
Notes(i) License agreement should be recorded with the Vietnam National
Office of Industrial Property to be enforceable.
(ii) Request for the recordal should be filed within 60 days from the
date of signing the agreement.
(iii) Agreement must be affixed with Corporate Seals or certified by
a Notary Public.
Documents Required for Recordal or Approval and Recordal of a License Agreement1. Notarized powers of attorney from the licensor and licensee.
2. Two originals or two certified copies of the agreement, including
appendix or appendices (if any) and its Vietnamese translation.
3. A certified copy of the Patent of Invention/Utility Solution/Industrial
Design or Certificate of Registration of Trademark. If the agreement
to be approved is a sub-agreement, it must be accompanied by a
copy of the Certificate of Registration of the corresponding exclusive
Agreement.
4. Business Certificate of the licensee in case of licensing of a trademark.