Required documents of patent application

The application for a patent must consist of the following documents:

a)  A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);

b)  Documents, samples, information identifying the invention/utility solution claimed for protection as provided for in Articles 102 of the IP Law 2005 of Viet Nam (e.g. a request, a description of the invention, an abstract, and other requirements for inventions in the field of biotechnologies, pharmaceuticals, generic resources and traditional knowledge);

Patent Examination Procedure

Applicants should be aware of the examination process a patent going through the National Office of Intellectual Property of Viet Nam (NOIP). This process is begun with the filing of a patent application with NOIP and completed by granting a patent.

(1)     Filing the application

In order to obtain the patent right in Viet Nam, you must file the application for granting a Patent (for Invention and for Utility solution separately), directly or by mail, to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Patent registration through PCT

1. The agency competent to receive international patent applications in Vietnam is the NOIP.  The NOIP shall:

a/ Receive international applications originating in Vietnam;

b/ Collect the fee for sending international applications and notify applicants of the prescribed fees to be paid to the International Bureau and the International Search Office under the Patent Cooperation Treaty - PCT (hereinafter referred to as the Treaty);
c/ Check whether or not the fees are paid on time;

Amendment/supplementation/division/conversion/transfer of applications

1. Amendment and supplementation of applications

a/ Before the NOIP issues a notice on its rejection of an application,a notice on its refusal to grant a protection title or a decision on the grant of a protection title,the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

b/ In response to a request for amendment or  supplementation of the following documents,the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

Maintenance of validity of patents

To have the validity of his/her invention protection title maintained,a protection title holder shall pay a validity maintenance fee within six months before the expiration of the validity term. The payment  of the validity maintenance fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the maintenance fee plus 10% for each month of delayed payment.

Subject matters not protected as patent in Vietnam

The following subject matters shall not be protected as  patent in Vietnam :

1.   Discoveries, scientific theories; mathematical methods;

General requirements for patent protection in vietnam

1. Patent in Vietnam shall be eligible for protection by granting of Patent Patent if it meets the following conditions:

+ To be novel: