Each administrative procedure only includes the stages, steps, and phases with the participation of the subjects that are really necessary so that the implementation of the procedure does not waste time, intelligence, and effort on unnecessary things. However, correctly assessing the purpose of administrative procedures is both to create a reasonable process for implementing management activities and to ensure effective State control of those activities. Therefore, the principle of simplicity should not be absolute because simplification often makes administrative procedures lack necessary activities or causes difficulties for State control activities.
For the examination of compliance with formal regulations for applications, from which a conclusion is drawn whether the application is considered valid or not with the patent application examined by the Intellectual Property Office for formality within 01 month from the date of receipt of the application. In case the application is valid, the Intellectual Property Office shall issue a decision accepting the valid application, which must clearly state the name and address of the applicant, the name of the authorized representative (if any) and information about the subject matter stated in the application, the filing date, the application number, the priority date and send it to the applicant. In case the request for priority is not accepted, the application is still accepted as valid, except in cases where the application has other shortcomings that affect the validity of the application and the decision must clearly state the reason for not accepting the request for priority.
In case the application is invalid, the Intellectual Property Office shall issue a notice of intended refusal to accept the application, stating the reasons and shortcomings that may cause the application to be refused to be accepted and setting a 2-month deadline for the applicant to comment or correct the shortcomings. If the applicant fails to correct the shortcomings/corrects the shortcomings unsatisfactorily/does not object/objects are unreasonable within the specified time limit, the Intellectual Property Office shall issue a decision to refuse to accept the application and send it to the applicant. In case the applicant proactively requests to amend or supplement the application or responds to the notice of the Intellectual Property Office, the formality examination period shall be extended by 10 days.
Patent applications shall be published in the nineteenth month from the priority date or the filing date, if the application has no priority date, patent applications with a request for early publication shall be published within 02 months from the date the Intellectual Property Office receives the request for early publication or from the date of acceptance of a valid application, whichever is later. Confidential patent applications shall not be published in the Industrial Property Gazette. Assessment of the conformity of the subject matter stated in the application with the type of protection certificate requested to be granted; the protectability of the subject matter stated in the application according to the protection conditions of novelty, inventive step, industrial applicability), thereby determining the corresponding scope of protection. The assessment shall be conducted in turn for each point stated within the scope of the protection request.
Bich Huong
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