Utility Patents: Application Procedures & Costs

Article overview

Utility patents are an important legal tool that helps protect intellectual property rights for new, creative, or highly applicable technical solutions. Patent registration not only ensures exclusive exploitation rights but also increases commercial value and competitiveness for creative businesses or individuals. The registration process, while complex, if done properly, can provide long-term benefits to innovators.

Utility patent registration procedure
Utility patent registration procedure

What is a utility patent? In what form is it protected?

An invention is protected in the form of a utility solution patent if it is not common knowledge and meets the following conditions:

  • New;
  • Capable of industrial application.

A utility solution – the subject protected under the name of an invention – is a necessary and sufficient set of information on technical methods and/or technical means (application of natural laws) to solve a specific task (a problem). A technical solution can be of one of the following types:

  • Products in the form of objects, for example tools, machines, equipment, components, circuits,…, represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of structure, that product has a function (use) as a means to meet certain human needs; or products in the form of substances (including simple substances, compounds and mixtures of substances), for example materials, substances, food, pharmaceuticals,…, represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, that has a function (use) as a means to meet certain human needs; or a product in the form of biological material, for example genes, genetically modified plants/animals,… represented by a set of information about a product containing genetic information modified by human influence, capable of self-replication;
  • Process (technological process; method of diagnosis, prediction, inspection, treatment,…) is represented by a set of information that determines how to carry out a specific process or task. Characterized by signs (characteristics) of the order, conditions, participants, measures, and means of performing operations to achieve a certain goal.

Pursuant to: Clause 2, Article 58 of the Law on Intellectual Property 2005, Point b, Clause 3, Article 16, Circular 23/2023/TT-BKHCN.

Utility patent registration costs
Utility patent registration costs

Utility patent registration procedure

Documents need to be prepared

To register a utility patent, customers need to prepare documents according to the provisions of Article 100 and Article 108 of the Law on Intellectual Property 2005; Appendix I of Decree No. 65/2023/ND-CP, includes:

1. Patent registration declaration, typed accordingly sample number 01 Appendix I of Decree No. 65/2023/ND-CP.

2. Useful patent description:

  • The description of the invention/utility solution must meet the regulations in Appendix I of Decree No. 65/2023/ND-CP. The description of the invention/utility solution includes a Description, Claims and Drawings (if any).
  • The description must fully and clearly present the nature of the invention according to the following contents: Name of the invention/useful solution; Field of use of invention/useful solution; Technical status of the field in which the invention/utility solution is used; Purpose of the invention/utility solution; Technical nature of the invention/utility solution; Brief description of accompanying drawings (if any); Describe in detail the options for implementing the invention/useful solution; Example of implementing inventions/useful solutions; The benefits (effects) can be achieved.
  • The claims are separated into separate sections after the description, and the claims are used to determine the scope of industrial property rights for the invention. The protection claim must be presented concisely, clearly, in accordance with the description and drawings, and must clarify new signs of the object that is sought to be protected.
  • Drawings and diagrams (if any): separated into separate pages.

3. Summary of inventions/useful solutions:

  • The summary of the invention/utility solution must not exceed 150 words and must be separated into a separate page. The summary may have drawings and characteristic formulas. All drawings and typical formulas (if any) must be presented on only half of an A4 page and must be clear. The invention/utility solution summary is not required to be submitted at the time of application and can be added by the applicant later.
  • Proof of payment of fees and charges.

For patent applications related to biotechnology/pharmaceuticals, in addition to the general requirements for the invention description specified in Clause 1 above, the application must comply with the requirements in Part IV Appendix I of Decree No. 65/2023/ND-CP.

4. Power of Attorney (if the invention/utility solution application is filed through an industrial property representation service organization);

5. Documents proving registration rights (if beneficiary from another person). For example: Certificate of transfer of application rights… (if any);

6. Documents proving priority rights (if the patent application claims priority rights).

7. Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.

Registration procedures

Submit application

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

1. Form of paper application: Applicants can submit an invention/utility solution application directly or via postal service to one of the application receiving points of the National Office of Intellectual Property, specifically as follows:

  • Head office of the Department of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city;
  • Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.
  • Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting an application for a patent/utility solution registration by post, the applicant must transfer money via the postal service, then photocopy the Money Transfer Receipt and send it with the application to one of the above-mentioned application receiving points of the Intellectual Property Office to prove the amount of money paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

2. Online application form:

  • Conditions for submitting an application online: Applicants must have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the Intellectual Property Office to carry out industrial property registration transactions.
  • Online application procedure: The applicant must declare and submit the application for invention/utility solution registration on the Online Application Receiving System of the National Office of Intellectual Property. After completing the declaration and submitting the application on the Online Application Receiving System, the System will send the applicant a Confirmation of Online Document Submission. Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during transaction hours to present the Confirmation of Online Document Submission and accompanying documents (if any) and pay the prescribed fees/charges. If the documents and fees/charges are complete as prescribed, the officer receiving the application will issue an application number to the Declaration on the Online Application Receiving System. If the documents and fees/charges are not complete as prescribed, the application will be rejected. In case the Applicant fails to complete the application procedure as prescribed, the online document will be cancelled and a Notice of Online Document Cancellation will be sent to the Applicant on the Online Application Receiving System.

Application processing

From the date it is received by the National Office of Intellectual Property, the application for registration of an invention/utility solution will be considered in the following order:

1. Formal appraisal: 01 month

2. Announcement of patent/utility solution application:

  • The application for registration of an invention/utility solution is published within the nineteenth month from the priority date or filing date, if the application does not have a priority date, or within 02 months from the date of acceptance of the valid application, whichever is later;
  • The patent application under the Patent Cooperation Treaty (hereinafter referred to as “PCT application”) is published within 02 months from the date of acceptance of a valid application that has entered the national phase;
  • Invention/utility solution registration applications requiring early publication shall be published within 02 months from the date the National Office of Intellectual Property receives the request for early publication or from the date of acceptance of the valid application, depending on whichever date is later. To receive early publication, the applicant needs to have a written request for early publication, clearly stating the reason for early publication. Requesting early publication does not require payment of fees or charges.

3. Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if the request is submitted after application publication date.

Utility patent application processing time is typically 24 to 36 months.

Utility patent registration costs

Utility patent registration costs include the following fees and charges:

  • Application fee: 150,000 VND.
  • Formality appraisal fee: 180,000 VND/01 independent protection request point.
  • Formal appraisal fee from the 7th page of the description onwards: 8,000 VND/01 page.
  • Application publication fee: 120,000 VND.
  • Publication fee from the 2nd image onwards: 60,000 VND/image.
  • Fee for appraisal of request for priority rights (if any): 600,000 VND/01 priority application.
  • Information lookup fee: 600,000 VND/01 independent protection request point.
  • Content appraisal fee: 720,000 VND/01 point of independent protection request.
  • Content appraisal fee from the 7th page of the description onwards: 32,000 VND/01 page.
Comprehensive useful patent registration service
Comprehensive useful patent registration service

Patent protection registration service at Long Phan

Long Phan provides comprehensive patent registration services, including patents and utility patents. Our services include:

  • In-depth consultation on patent registration conditions.
  • Look up and evaluate the possibility of protection.
  • Drafting registration documents.
  • Submit applications and track progress.
  • Customer representative works with the Intellectual Property Department.
  • Consulting on handling patent infringement.

Registering a utility patent is an effective way to protect intellectual property rights over an invention. Customers need to understand the legal regulations, prepare complete documents and follow the correct procedures to receive a license. Long Phan with a team of experienced lawyers and experts is ready to support customers in the process of registering for patent protection, helping customers protect research and development achievements. Contact the hotline 0906735386 for detailed advice.