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ASEAN: Recent changes to the patent procedures in Vietnam

In January 2018, an amendment of the implementing regulations of the Law on Intellectual Property entered into force. Some of the most notable new features include the following:

  • Removal of the 6 months grace period for late PCT national phase entries: national phase entries after the 31-month-deadline not permitted any more
  • Extension of time limits to respond to office actions, e.g. from 2 to 3 months for responses to a preliminary rejection and from 1 to 3 months for the fee payment after the grant decision
  • Extension of time limits in case of "force majeure", e.g. additional 6 months for filing the examination request after expiry of the original 42-month-deadline

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