How to apply for patent in Vietnam

Invention is a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature. Specifically, apply for patent is an important measure to protect your technical solutions. 

Read more: Patent registration through PCT

How many types of patent in Vietnam?

In Vietnam, we have two types of patent including:

+ Invention patent

+ Utility solution patent

Criteria for patent to be protected in Vietnam

A patent in Vietnam shall be protected if it meets the following conditions:

+ Novelty step

+ Inventive step (not applicable to utility solution)

+ Industrial applicability

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Motorbike Patent

Apply for patent in Vietnam

Dossiers of patent application

– 02 Declaration for registration (form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN);

– 02 descriptions of the invention or utility solution: a description of the invention or utility solution must satisfy the general requirements specified at Points 23.6 of Circular No. 01/2007/TT-BKHCN;

– Fee and charge receipts.

– 02 copies of an inventionor utility solution abstract

– Power of attorney (in case the request is filed through a representative);

– Paper on assignment of the right to file an application (if any);

– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);

– Documents evidencing the right of priority (if the patent application has a claim for priority right).

How to apply for patent?

The applicant may apply for patent through paper filing or online filing through the NOIP’s online public service portal, specifically as follows:

a) Paper filing

The applicant may submit an application for an invention /utility solution directly or via postal service to one of the NOIP’s application receiving places, specifically as follows:

– Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.

– Representative Office of NOIP in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.

– Representative Office of NOIP in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

If the fee or charge is transferred to one of the above-mentioned NOIP’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point.

b) Online filing

Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the NOIP on the Online Application Receiving System.

The applicant need to complete the steps of filing an invention/utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.

The applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.  Then, the application number will be issued in the Online Application Receipt System. 

Process of applying for patent registration

– Formality examination: 1-3 months from the filing date

– Publication of patent on NOIP Gazette: 19 months from the date of priority or the filing date in case the application has no date of priority or within 02 months after it is accepted as a valid application, whichever is later

– Substantive examination: 18 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication

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