In brief

To support applicants during the COVID-19 outbreak in Vietnam, on 2 August 2021, the Intellectual Property Office of Vietnam (VNIPO) issued Notice No. 7581/TB-SHTT (“Notice No. 7581”) granting the automatic extension of certain deadlines related to the establishment procedures of industrial property rights (IPR) in Vietnam. 

In more detail

1. New deadline

According to Notice No. 7581, all statutory deadlines that fall into the prescribed categories (see Section 2 below) are automatically extended until 30 September 2021.

2. Types of deadlines that will enjoy the extension

Statutory deadlines falling between 30 June and 31 August 2021 are automatically extended until 30 September 2021 for the following categories:

  • Claim of priority rights
  • Supplement of documents
  • Responses to the VNIPO’s decisions/notices
  • Maintenance or renewal of patents or registrations
  • Payment of official fees
  • Filing of appeals

In other cases, if applicants pursuing the establishment of IPRs at the VNIPO are also affected by the COVID-19 situation, they may file a request for deadline extension under the regulations on force majeure and objective obstacles. Detailed guidance in Points 9.4 and 9.5 of Circular 01/2007/TT-BKHCN (as amended and supplemented under Circular No. 16/2016/TT-BKHCN) on certain provisions of the Intellectual Property Law pertaining to industrial property contain these regulations.