Patent registration process in Vietnam: A – Z guide

The patent registration process in Vietnam helps individuals and businesses protect intellectual property rights, prevent copying, and create competitive advantages in the market. Understanding each step from searching, and preparing documents to appraisal and granting licenses will help shorten registration time and increase the likelihood of successful protection. Mastering the process helps inventors effectively exploit the maximum commercial value of their invention.

Patent protection conditions

A patent is a technical solution in the form of a product or process.

A technical solution is a necessary and sufficient set of information about technical methods and/or technical means (application of natural laws) to solve a defined task (problem).

Inventions are protected in the form of patents or utility solution patents. General conditions that need to be met to be granted a protection title include:

• Conditions for a technical solution to be granted a patent: the technical solution must be new, creative and capable of industrial application and not fall into the categories of non-registration.
• Conditions for a technical solution to be granted a Utility Solution Patent: the technical solution must be new, non-obvious and capable of industrial application and not fall into the 5 cases of non-registration.

Patent registration rights

Subjects with the right to register patents include:

• The author creates the invention with his own effort and expense.
• Enterprises/organizations and individuals invest funds and material facilities for the author in the form of job assignment or hiring, unless otherwise agreed upon by the parties.
• Enterprises/organizations and individuals may transfer, inherit, or inherit the patent registration rights of the person who has the right to register.

Organizations and individuals who jointly create or invest in creating an invention have the right to agree on registration.

Inventions created by the State investing or contributing investment capital (funds, physical and technical facilities, the registration right or the portion of the registration right corresponding to the capital contribution ratio belong to the State, unless otherwise agreed by the investors. The organization or state agency assigned to be the investor represents the State in exercising the right to register or the portion of the right to register the invention.

Patent registration process in Vietnam

Documents need to be prepared

Organizations and individuals applying for patent protection need to prepare 01 set of the following documents:

• Patent registration declaration according to Model No. 01 – PLI issued together with Decree 65/2023/ND-CP (02 copies);
• Invention description (02 copies);
• Invention summary (02 copies);
• Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account);
• Power of attorney, if application is submitted through a representative;
• Document confirming the right to registration, if the applicant benefits from another person’s right to registration (inheritance certificate; certificate or agreement to transfer the right to apply, including transfer of submitted application; job assignment contract or labor contract…);
• Documents proving the basis for enjoying priority rights: Copy of the first patent registration application (applications); The confirmation of the application receiving agency for the first copy of the application (applications); list of goods and services included in the first patent application; Certificate of transfer of priority rights, if that right is inherited from another person.
• Other documents to support the application.

Registration procedures

The patent registration process in Vietnam includes the following steps:

Step 1: Submit a patent application

Organizations and individuals submit 01 set of documents as mentioned above to the National Office of Intellectual Property directly or by post at the following addresses:

1. Department of Intellectual Property:

• Address: 386 Nguyen Trai, Thanh Xuan, Hanoi
• Phone: 024 38583069

2. Representative Office of the National Office of Intellectual Property in Ho Chi Minh City:

• Address: 17-19 Ton That Tung, District 1, Ho Chi Minh City
• Phone: (028) 3920 8483.

3. Representative Office of the National Office of Intellectual Property in Da Nang City:

• Address: 135 Minh Mang, Ngu Hanh Son District, City. Da Nang
• Phone: 0236.3889955.

Applications can also be submitted via the Intellectual Property Office’s online application receiving system http://dvctt.noip.gov.vn.

Step 2: Pay invention registration fees and charges according to regulations.

Step 3: Appraise the form:

Invention registration applications are formally assessed by the National Office of Intellectual Property within 1 month from the date of receipt of the application.

The applicant will be notified of the results of the formal examination, which concludes whether the application is valid or not.

In case the application is invalid, the applicant needs to correct the shortcomings of the application, or express an objection to the intention to refuse to accept a valid application stated in the Notice.

The time limit for responding to the notice is 02 months from the date of signing the Notice, an extension of 02 months can be requested provided the extension fee is paid.

Step 4: Announce the application

• A valid patent application is published by the National Office of Intellectual Property within the 19th month from the filing date or the 23rd priority date or at an earlier time at the request of the applicant.
• Basic information about applications published in the Industrial Property Official Gazette; Detailed information about the nature of the invention in the application is provided by the National Office of Intellectual Property to those who request access to information.

The publication of the application will create conditions for other businesses/organizations and individuals to oppose the application if the objectors have grounds to believe that the invention in the application does not meet the protection conditions.

Step 5: Content appraisal

• A valid application is subject to substantive examination within 18 months from the date of publication of the application or from the date of receipt of the request for substantive examination if the request is filed after the date of publication of the application. The applicant will be notified of the results of the substantive examination, which concludes whether the invention meets Article 24 of the protection conditions or not and whether the application meets the first-to-file principle or not.
• In case the invention meets the protection conditions and the application meets the first filing conditions, the Notice of substantive examination results will state the intention to grant an invention patent and the corresponding fees and charges to be paid.
• In case an invention does not meet the protection conditions or has shortcomings, the National Office of Intellectual Property will notify the results of substantive examination, which will state the intention to refuse to grant an invention patent/utility solution patent, shortcomings of the application, and conditions not met.
• The time limit for responding to the notice is 03 months from the date of signing the Notice, an extension of 03 months can be requested provided the extension fee is paid.

If the applicant overcomes the shortcomings, amends the scope of protection satisfactorily or has a valid opinion opposing the intention to refuse to grant a protection title, the applicant will receive a second notice of substantive examination results, stating the intention to grant an invention patent/utility solution patent and the corresponding fees and charges to be paid.

If the applicant cannot correct the shortcomings, does not amend the scope of protection satisfactorily and does not have a valid opinion opposing the intended refusal to grant a protection title, the applicant will be notified of the Decision to refuse to grant an invention patent/utility solution patent.

Step 6: Pay the fee and receive the Certificate of Protection as a result if the application is valid.

>>> Reference: Patent registration costs – Latest updates according to regulations.

Comprehensive patent registration consulting and support services at Long Phan

Patent registration services at Long Phan help individuals and businesses protect intellectual property rights, optimize creative value and avoid disputes. We provide comprehensive solutions, ensuring compliance with legal regulations and saving time and costs for customers. Our services include:

1. Consulting Before Patent Registration:

• Analyze the patentability of the invention according to legal regulations.
• Instructions for choosing the appropriate form of protection: Invention patent or Utility solution patent.
• Consulting on how to classify inventions according to the International Patent Classification (IPC).

2. Search & Evaluate Patentability:

• Preliminary search to determine novelty, creativity and industrial applicability.
• In-depth search at the Vietnam Intellectual Property Office to assess the risk of duplication.
• Proposing adjustment plans to increase the likelihood of successful protection.

3. Drafting & Submitting Patent Applications.
4. Processing Notifications & Responses to Additional Requests:

• Support to respond to official dispatches from the Intellectual Property Office.
• Adjust and supplement documents as required to increase protection.
• Support for complaints if the invention is refused registration.

5. Receive Certificate of Protection & Post-Licensing Support:

• Receive and hand over the Patent or Utility Solution Patent.
• Consulting on how to use, protect and commercially exploit inventions.
• Support for extension, transfer or licensing of patents when needed.

The patent registration process in Vietnam helps protect intellectual property rights, prevent copying and optimize the commercial value of inventions. Correct implementation of the process will shorten the time to grant a license and increase the likelihood of successful protection. Long Phan provides comprehensive patent registration services, with support from searching to granting protection certificates. Contact the hotline 0906735386 immediately for detailed advice!