1. Required documents for filing a patent application
- Two Application forms;
- One patent specification
- One abstract
- Original Power of Attorney signed by applicant(s) (in case the application filed through IP agent)
- Documents evidencing the right of priority (if the patent application has a claim for priority right).
2. Deadlines for filing and prosecuting patent application
Deadline for filing:
2.1.1. PCT application:
– The filing deadline for entering a PCT application is 31 months from the earliest priority date. There is no grace period of time for late filing PCT in Vietnam.
– The deadline for submitting POA is 34 months from the earliest priority date. There is no grade grace period of time for late filing.
– It is not required priority documents.
2.1.2. Paris convention application:
– The deadline for filing deadline is 12 months from the priority date.
– The deadline for submitting the original POA is not fixed. In the event that the power of attorney is missing when submitting the application, during the formality examination, the IP Vietnam will issue an office action requesting the submission of the power of attorney in case it is lacking and will provide 2-month deadline for response to the office action.
– The deadline for filing priority documents is within 3 months from the filing date and is non-extendable.
- Other deadlines
2.2.1. Deadline for filing substantive examination request
– Substantive examination request and examination fees must be lodged within 42 months for invention at the same time from the earliest priority date.
– Substantive examination request and examination fees must be lodged within 36 months for utility solution at the same time from the earliest priority date.
The above-mentioned deadlines are non-extendable.
2.2.2. Deadline for responding office action
– The deadline for responding to an office action in the formalities examination stage is two months.
– The deadline for responding to an office action in the substantive examination stage is three months.
– Voluntary amendments and divisional applications can be filed at any time during prosecution, as long as it’s before the grant or a refusal decision is made.
The deadlines for responding office action can be extendable once by the exact time limit specified in the office action of the IP Vietnam by filing a request for extension by the deadline and paying the extension fee.
2.2.3. Deadline for paying granting fees and annuity
– The deadline for paying granting fees and first annuity is three months and can be extendable once for three months if the applicant file a request for extension of time.
– Due dates for the second and subsequent annuities are the anniversary of the granting date of the patent. Within six months prior to the due date to pay an annuity, the patent owner must submit a request to pay the annuity. In case an annuity payment is not made by the due date, the patent will lapse on the due date. However, a six-month grace period is available with a surcharge of 10% of the fee for each month late.
- The deadline for filing a request to maintain the validity of patent certificate and the fee for examining the request to maintain the validity, the fee to maintain the validity and the fee for using the patent certificate, the registration fee and the publication fee must be submitted to Intellectual Property Office of Vietnam no later than 06 months before the expiry date of the validity period. The above fees can be paid late but not more than 06 months from the expiry date of the previous validity period and the owner of the protection certificate must pay a surcharge of 10% of fee for each month of late payment as prescribed.
3.The cost for filing a patent application
The cost for filing a patent application depends on several factors, including:
- Number of specification
- Number of independent claims
- Number of priorities claimes
- Number of drawings accompanying abstract
The filing fees are as follows:
– Filing application: 150,000VNĐ
– Formality examination: 180,000VNĐ per independent claim;
– Fee for formality examination from page 7 of the specification onward: 8.000VNĐ per page;
– Fee for publication: 120.000VNĐ;
– Fee for publication from the 2nd figure onward: 60.000VNĐ per figure;
– Fee for examination of requesting priority (if any): 600.000VNĐ for one claimed priority;
– Fee for the patent search: 600.000VNĐ per independent claim;
– Fee for substantive examination: 720.000VNĐ per independent claim;
– Fee for substantive examination from page 7 of the specification onward : 32.000VNĐ per page.
Lưu ý: In the section “International patent classification” in the written declaration, the applicant shall state the classification criteria of technical solutions sought to be protected according to the latest International Patent Classification (under the Strasbourg Agreement) published by the IPVN in the Industrial Property Official Gazette. If the applicant fails to classify or correctly classify, the IPVN shall conduct the classification and the applicant shall pay a classification service fee as prescribed (VND 100,000/ 01 international patent classification).
4. Form of filing a patent application
There are two forms of filing a patent application with the IPVN:
4.1. Paper filing:
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 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, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
4.2. Online filing:
The condition for submitting an application online is that the applicant must have a digital certificate and digital signature registered on an account on the online application receiving system and have the account approved by the Intellectual Property Office to carry out patent registration transactions.
Above is the procedure for registering a patent application for individuals/organization. If you wish to file a patent application, please contact VNNA for detailed advice.
Email: info@vnna.com.vn
Hotline: 0862 618 669 or 0865 069 288
