Patent/utility solution registration dossier and procedures

PATENT / UTILITY SOLUTION REGISTRATION DOSSIER AND PROCEDURES
(Pursuant to the Law on Intellectual Property and Decree No. 65/2023/ND-CP)

1. Required Documents for a Registration Dossier

1.1. Patent Application Declaration

The declaration must be typed using Form No. 01 provided in Appendix I to Decree No. 65/2023/ND-CP.

1.2. Patent / Utility Solution Description

The patent/utility solution description must comply with Appendix I of Decree No. 65/2023/ND-CP and include the following parts:
– Description;
– Claims;
– Drawings or diagrams (if any).

The description must fully and clearly disclose the technical nature of the patent/utility solution, including:
– Name of the patent/utility solution;
– Field of use;
– Prior art of the relevant technical field;
– Purpose of the patent/utility solution;
– Technical nature of the patent/utility solution;
– Brief description of the accompanying drawings (if any);
– Detailed description of embodiments;
– Examples of implementation;
– Advantages and achievable effects.

Claims
Claims shall be presented separately after the description and are used to determine the scope of industrial property rights. The claims must be clear, concise, consistent with the description and drawings, and must clearly indicate the novel features of the claimed subject matter.

Drawings and diagrams (if any)
Drawings and diagrams must be presented on separate pages.

Note:
For patent applications related to biotechnology or pharmaceuticals, in addition to the general requirements above, the description must also comply with the requirements set out in Part IV of Appendix I to Decree No. 65/2023/ND-CP.

1.3. Patent / Utility Solution Abstract

– The abstract must not exceed 150 words;
– It must be presented on a separate page;
– It may include characteristic drawings or formulas (if any);
– All drawings or formulas may only be presented within half an A4 page and must be clear.

Submission of the abstract is not mandatory at the time of filing and may be supplemented later.

1.4. Proof of Payment of Fees and Charges

Receipts or other valid proof of payment in accordance with applicable regulations.

2. Other Documents (If Any)

– Power of attorney (if the application is filed through an industrial property representative organization);
– Documents proving the right to file the application (e.g., assignment of the right to file);
– Documents proving the right of priority (if priority is claimed);
– Explanatory documents on the origin of genetic resources or traditional knowledge associated with genetic resources, for inventions directly created from such sources.

Legal basis: Articles 100 and 108 of the Law on Intellectual Property; Appendix I to Decree No. 65/2023/ND-CP.

3. General Requirements for Patent Applications

– Each application may request the grant of only one protection title;
– The requested protection title must be appropriate to the technical solution described in the application;
– All documents must be prepared in Vietnamese; documents in other languages must be translated into Vietnamese in accordance with the Law on Intellectual Property;
– Documents must be presented on single-sided A4 paper;
– Drawings and tables may be presented in landscape orientation;
– Margins of 20 mm must be left on all four sides;
– Font: Times New Roman, font size not smaller than 13;
– Mandatory forms must be used where prescribed;
– Multi-page documents must be consecutively numbered using Arabic numerals;
– Documents must be clearly typed or printed, without erasures or alterations;
– Terminology must be consistent and comply with Vietnamese standards;
– Supporting documents may be submitted in electronic data form.

Legal basis: Appendix I to Decree No. 65/2023/ND-CP.

4. Patent / Utility Solution Fees and Charges

– Application filing fee: VND 150,000;
– Formality examination fee: VND 180,000 per independent claim;
– Formality examination fee from the 7th page of the description onward: VND 8,000 per page;
– Application publication fee: VND 120,000;
– Publication fee from the second figure onward: VND 60,000 per figure;
– Priority claim examination fee (if any): VND 600,000 per priority application;
– Information search fee for examination: VND 600,000 per independent claim;
– Substantive examination fee: VND 720,000 per independent claim;
– Substantive examination fee from the 7th page of the description onward: VND 32,000 per page.

Note:
Patent/utility solution applications must be classified according to the International Patent Classification (IPC). If the applicant fails to classify or incorrectly classifies the invention, the Intellectual Property Office will conduct the classification and charge a fee of VND 100,000 per IPC classification.

5. Processing Time for Patent Applications

– Formality examination: 01 month from the filing date;
– Application publication:

• In the 19th month from the priority date or filing date (if no priority is claimed); or
• Within 02 months from the date the application is accepted as valid, whichever is later;
  – Substantive examination: not exceeding 18 months from the publication date of the application, or from the date of receipt of the request for substantive examination if filed after publication.

Legal basis: Articles 110 and 119 of the Law on Intellectual Property.

6. Filing Methods

6.1. Paper Filing

Applicants may file applications directly or by post to the receiving offices of the Intellectual Property Office of Vietnam in Hanoi, Ho Chi Minh City, or Da Nang at the officially announced addresses.

If filing by post, proof of fee payment must be enclosed with the application dossier.

6.2. Online Filing

Applicants must possess a digital certificate, digital signature, and an approved account on the online filing system of the Intellectual Property Office of Vietnam. Within one month from the date of online submission, applicants must complete document verification and pay all required fees; otherwise, the online submission will be canceled.