Governed by Articles 86 and 89, an application can be made by any of the following person:
- Authors who have created inventions with their own efforts and expenses
- Organizations or individuals who have supplied funs and material facilities to authors in the form of job assignment or hiring unless otherwise agreed by the involved parties.
- Foreign nationals residing permanently
- Foreign organizations having a production or trading establishment
- Non-resident foreign nationals or organizations not having a production or trading establishment shall apply through a lawful representative.
Documents required for Patent Registration (Article 100):
- Declaration for registration in the prescribed form
- Documents, samples and information identifying the invention
- Power of attorney (if applied through a representative)
- Documents evidencing the registration right if such right is acquired by another person
- Documents evidencing the priority right, if it is claimed
- Vouchers of payment of fees and charges
- A copy of the first application certified by the registration office
The application shall be examined within 1 month from the filing date (Article 119). The Examination is conducted in two ways:
a) Formal Examination
Governed by Article 109 to verify the formal validity of the application, an examination process shall be conducted.
b) Substantive Examination
Governed by Article 119, 12 months from the date of publication of invention, if a request for substantive examination is filed before the date of application publication; or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication.
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.