Client/Legal Alert: Circular no. 16/2016/TT-BKHCN, New Guide to the IP Application Procedure

The Ministry of Science and Technology of Vietnam introduces Circular no. 16/2016/TT-BKHCN in relation to the IP application procedure in Vietnam. According to the new guidelines, we highlight some changes from January 15, 2018 as follows.

1. Power of Attorney (POA)

The applicant can file the original POA later within one month from the filing date of the application. However, appeal cases are just 10 working days from the filing date of the appeal.  

2. Response to the Office’s refusal regarding international registration

When receiving the WIPO’s notification, within 3 months from the Office’s provisional refusal date notifying to the WIPO, the applicant is entitled to file an argument in response to the Office’s provisional refusal without the official fees. In this period, the applicant must prepare and submit to the Office the supporting documents, i.e. limitation of goods/ services; amendment of the subject application, letter of consent, new evidence in support of the application, etc.

In case the Office remains its refusal decision, the application may be shifted to the appealing stage below.

Appeal against the refusal decision  

Within 90 days from the refusal decision date, the applicant can file an appeal against the refusal decision. In this period, the applicant cannot submit with the Office further supporting documents as above-mentioned. The Office will only examiner upon the facts and the merits of the application.

3. Time limit to respond the Office’s examination results

- For formalities examination result: 2 months from the notification’s date.

- For substantive examination result: 3 months from the notification’s date.

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn