How to File a Patent Application in Vietnam

Are you looking for assistance with entering the national phase of your patent application in Vietnam?
Not sure about the procedures and requirements involved?
Let WINTER IP guide you through the process of patent protection in Vietnam below.

1. Minimum Documents

• 02 Declarations for registration, typed according to Form No. 01-SC, Appendix A of Circular No. 01/2007/TT-BKHCN.
• 02 Descriptions of the invention or utility solution, which must satisfy the general requirements specified in Point 23.6 of Circular No. 01/2007/TT-BKHCN and must adequately and clearly demonstrate the following:
  • Title of the invention or utility solution;
  • Field of use of the invention or utility solution;
  • Technical state of the relevant field;
  • Technical nature of the invention or utility solution;
  • Brief description of accompanying drawings (if any);
  • Detailed description of variations for realizing the invention or utility solution;
  • Examples of realization;
  • Expected benefits or effects.
• 02 sets of claims (protection claims).
• Fee and charge receipts.

2. Other Documents (if applicable)

• 02 copies of an invention or utility solution abstract (maximum 150 words, presented on an A4 paper sheet). The abstract is not required at the time of filing and can be added later.
• Power of attorney (if filed through a representative).
• Assignment document (if the right to file has been assigned).
• Documents certifying the lawful right of registration (if the applicant derives the right from another person).
• Documents evidencing the right of priority (if claiming priority).

3. General Requirements for Industrial Property (IP) Registration Applications

• Each application may request the grant of one protection title corresponding to the technical solution stated.
• All documents must be in Vietnamese. If documents are in another language (per Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN), they must be translated into Vietnamese.
• Documents must be in portrait format (except for drawings, figures, charts, and tables, which may be landscape) on A4 paper (210 mm x 297 mm), with 20 mm margins, in Times New Roman font, size 13 or larger.
• Forms must be completed with all required information.
• Multi-page documents must be numbered using Arabic numerals.
• Documents must be typewritten or printed with non-fading ink, clear, clean, and free from erasures and modifications. Minor spelling errors may be corrected with a signature of certification and a seal (if any).
• Terms must be common and standard (no dialects, rare words, or coined words). Symbols, measurement units, fonts, and spelling rules must comply with Vietnamese standards.
• Electronic data carriers containing part or all of the document content may accompany the application.

4. Fees and Charges for Invention or Utility Solution Registration

Fee Type	Amount (VND)
Official charge for filing application	150,000 / application
Fee for formality examination	180,000 / independent claim
Fee for formality examination (from page 7 onward)	8,000 / page
Fee for publication of valid application	120,000 / application
Fee for publication (from the 2nd image onward)	60,000 / image
Fee for priority claim examination (if any)	600,000 / priority application
Fee for patent search during examination	600,000 / independent claim
Fee for substantive examination	720,000 / independent claim
Fee for substantive examination (from page 7 onward)	32,000 / page
Fee for international patent classification (if IPVN performs classification)	100,000 / classification

Note: In the “International patent classification” section of the declaration, the applicant must classify the technical solution according to the latest International Patent Classification (Strasbourg Agreement). If the applicant does not classify or incorrectly classifies, IPVN will conduct the classification, and the applicant will be required to pay the classification fee.

5. Time Limits for Processing Applications

From the date of receipt, the examination process follows this timeline:

• Formality examination: Within 01 month from the filing date.
• Publication of invention registration applications:
  • Non-PCT applications: Published in the 19th month from the priority date or filing date (if no priority is claimed), or within 02 months from acceptance as a valid application, whichever is later.
  • PCT applications: Published within 02 months from acceptance as a valid application and entry into the national phase.
  • Early publication: If requested, the application will be published within 02 months from the request date or acceptance date, whichever is later.
• Substantive examination:
  • If a request is filed before publication: 18 months from publication date.
  • If a request is filed after publication: 18 months from the date of request submission.

6. Methods of Filing Applications

Applicants may choose paper filing or online filing through IPVN’s online public service portal.

a) Paper Filing

Applicants can submit applications directly or via postal service to one of the following locations:

• Head Office of IPVN: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
• Representative Office of IPVN in Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
• Representative Office of IPVN in Da Nang City: 3rd Floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.

For postal applications:

• Application fees must be transferred via postal service.
• A copy of the Money Transfer Receipt must be attached to the application and sent to the corresponding IPVN office as proof of payment.

b) Online Filing

Conditions: Applicants must have a digital certificate, a digital signature, and a registered account approved by IPVN.

Steps for Online Filing:

1. Complete and submit the online application form via IPVN’s Online Application Receiving System.
2. Receive a confirmation of online submission.
3. Within 01 month from online submission, present the confirmation at an IPVN office, attach required documents, and pay fees.
4. If all documents and fees are submitted correctly, an application number will be issued.
5. If submission is incomplete, the application will be rejected.
6. If the applicant fails to complete the process, the online application will be canceled, and an Online Application Cancellation Notice will be sent via the system.