Description of the invention, along with scope of protection
The scope of protection must be described in the form of technical combinations which are necessary and sufficient to identify the scope of rights to such inventions, and compatible with the description and drawings (if any)
Abstract, disclosing the principal features
Fully and clearly disclosing the nature of the invention to the extent that such invention may be realized by a person with average knowledge in the art
Briefly explaining the accompanied drawings, if any
Clarifying the novelty, inventive step and susceptibility of industrial application of the invention
Governed by Article 108:
First to file:
Governed by Article 90:
Where two or more applications are filed by several people to register the same invention, protection may only be granted to the valid application with the earliest date of priority or filing date among the applications that satisfy all the requirements.
Vietnam is a member of PCT, hence international applications are also accepted.
Filed in paper form without digital database of the whole content of the application: 180 thousand VND.
Filed in paper form with digital database of the whole content of the application: 150 thousand VND.
Filed online: 100 thousand VND.
PCT filing, excluding fees and charges collected by the international bureau: 500 thousand VND
The application shall be examined within 1 month from the filing date (Article 119).
Governed by Article 109:
Governed by Article 119
In the following circumstances.
The applicant does not fulfill the requirements of formality.
The subject matter of the application is not eligible for protection.
The applicant does not have the right to registration;
The application was filed in contrary to the mode of filing.
The applicant fails to pay the fees and charges.
The application for registration may be accepted with or without amendments.
Until the notice of refusal by the State administrative authority, the applicant shall have the following rights:
To make amendment or supplement to the application
To divide the application
To request for recording changes in name or address of the applicant
To request for recording changes in the applicant as a result of assignment under the contract, as a result of inheritance, bequest, or under a decision of an authority.
Any amendment or supplement to an industrial property registration application must not expand the scope of the subject matter disclosed or specified in the application and must not change the substance of the subject matter claimed for registration in the application and shall ensure the unity of the application.
Fee for amending applications, including for request of supplement, separation, assignment, change (per each amendment/ application): 120 thousand VND.
Governed by Article 117
Refusal to register an application may be on the following grounds
The subject matter claimed in the application does not fulfill the protection requirements.
The application satisfies all the conditions for the issue of a protection title but is not the application with the earliest filing date or priority date as in the case referred to in Article 90.1 of the Law.
The application falls within the cases referred to in Article 90.1 of this Law but a consensus of all the applicants is not reached.
The State administrative authority shall serve a notice of an intended refusal to grant a Protection Title, in which the reasons are clearly stated with a set time limit for the applicant to oppose to such intended refusal.
The State administrative authority shall serve a notice of the refusal to grant a Protection Title if the applicant has no objection or has unjustifiable objection to such intended refusal.
Article 93 stipulates the validity of the protection titles:
It is valid throughout the territory of Vietnam.
The registration of Patent shall be valid up to 20 years from the date of filing. Their validity commences on the date of grant of protection.
Governed by Article 122 and 123
Minimum level of remuneration:
10% of the profit amount gained from the use of invention
15% of the total amount received by the owner in each payment for licensing of an invention
To use or permit others to use the industrial property object in accordance with Article 124 and Chapter X of the law (Transfer of rights: Assignment and Licensing):
Manufacturing the protected product
Applying the protected process
Exploiting utilities of the protected product or the product manufactured under the protected process
Circulating, advertising, offering, stocking for circulation the product
Importing the product
To prohibit others from using the industrial property object in accordance with Article 125 (Right to prohibit others from using industrial property objects).
To dispose of the industrial property object in accordance with Chapter X of this Law (Transfer of rights: Assignment and Licensing).