Patent granting in Vietnam: Necessary procedures & documents

Patent granting is an important legal process aimed at protecting the inventions and innovations of individuals and organizations. To be granted a patent, the invention must meet all legal requirements such as novelty, inventive step, and industrial applicability. The patent granting procedure in Vietnam requires the applicant to prepare a complete application, follow the prescribed process, and undergo various examination steps. The article below will provide you with detailed guidance on this procedure.

Conditions for being granted a patent in Vietnam

For an invention to be patented in Vietnam, it needs to meet three basic conditions according to Articles 58, 60 and 61 of the Law on Intellectual Property 2005, amended and supplemented in 2022. Specifically:

• Novelty: The invention must not have been publicly disclosed in any form before the time of filing the application. This means that the invention cannot be used or described publicly before the application is submitted. This ensures that the invention is not copied from previously existing solutions.
• Inventive level: The invention must be an innovative step compared to publicly available technical solutions. It should not be an easy or obvious development to someone of average knowledge in the relevant field.
• Industrial Applicability: The invention must be capable of being produced or applied in industry. This includes creating a product in batches or applying a process repeatedly to achieve consistent results.

Patent registration procedure

To register a patent in Vietnam, you need to prepare a complete dossier and comply with the correct procedures. Invention registration dossier includes necessary documents specified in the Law on Intellectual Property 2005, amended and supplemented 2022 and related documents:

Registration documents

Patent registration dossiers are specified in Article 100 of the Law on Intellectual Property 2005, amended and supplemented in 2022, as follows:

• Invention registration declaration according to Form No. 01 in Appendix I of Decree 65/2023/ND-CP.
• Invention description and patent protection request (01 copy, including drawings if any).
• Invention summary (01 copy).
• Document proving registration rights if the applicant benefits from another person’s registration rights.
• Documents proving priority rights, if there is a request for priority rights (copy of the first application certified by the receiving agency, except for applications under the PCT Treaty).
• Documents explaining the origin of genetic resources or traditional knowledge about genetic resources, for inventions based on genetic resources or traditional knowledge.
• Power of attorney for an individual or organization (if submitted through a representative).
• Copy of fee payment voucher (if paid via postal service or directly to the Intellectual Property Office account).

In addition, for confidential patent applications, it is necessary to submit a document certifying that the registered object is a state secret according to the law on protection of state secrets.

Sequence of implementing patent registration procedures

The patent registration process includes three main steps, as prescribed in Article 15 and Article 16 of Circular 23/2023/TT-BKHCN as follows:

Step1: Submit application:

Documents are submitted to the National Office of Intellectual Property through the following methods:

• Submit directly;
• Submit online through the national intellectual property public service portal;
• Submit via postal and telecommunications services.

Step 2: Process documents:

• Formality appraisal: After receiving the dossier, the National Office of Intellectual Property will appraise the form within one month. If the application is valid, it will be recognized; if there are any errors, you need to correct them.
• Application announcement: Valid applications will be publicly announced within 19 months from the filing date or priority date. This helps ensure that the invention is not copied or made public before the patent is granted.
• Content appraisal: After publication, the Department will appraise the content within 18 months to check whether the invention meets the protection conditions or not.

If the invention fully meets the requirements, you will receive a notice of granting an exclusive patent. If not, you will receive a notice requesting amendments or refusal to issue a license.

Notes when granting patents in Vietnam

When carrying out the patent granting procedure, the following issues should be noted:

• Ensuring the novelty and creativity of the invention: The invention must be new, creative and capable of industrial application.
• The registration dossier must be complete and accurate: The dossier must provide complete information and documents, including invention description, protection requirements, and related documents.
• Prove ownership of the invention if necessary: ​​If the applicant is not the creator of the invention, documents proving the right to registration are required.
• Submit documents proving priority rights (if any): If claiming priority rights, it is necessary to provide a copy of the first confirmed application.
• Waiting for appraisal of the form and content of the invention: After submitting the application, the National Office of Intellectual Property will appraise the validity and content of the invention.
• Full payment of fees and financial obligations: Make sure to pay the patent registration fee and related fees on time to avoid delays in the application.
• Resolving patent disputes when necessary: ​​If there is a dispute over patent ownership, the resolution process as prescribed by law must be followed.

Instructions on complete patent granting procedures at Long Phan

At Long Phan, with a team of expert consultants with many years of experience, we will assist clients with the complete patent granting procedure as follows:

• Consulting on regulations related to the patent granting procedure;
• Assist customers in preparing necessary documents;
• Representing customers to carry out application procedures and monitor processing progress at competent agencies;
• Consulting on resolution when disputes occur;
• Consulting on procedures for patent renewal;
• Consulting on regulations and procedures on the transfer of intellectual property rights.

The patent granting procedure is an important process that helps protect the intellectual property rights of inventions, while also creating conditions for inventors to legally develop and apply their ideas. Please contact Long Phan via the hotline 0906735386 to receive support from consulting experts. Our experts will provide dedicated guidance and assistance throughout the process, from registration and document completion to the receipt of the patent.