Tiếng Việt
Registering patent in Vietnam is an important measure to protect your technical solutions. The following article shall guide how to register a patent in Vietnam in terms of patent under IP Law.
Mục lục
1. What is patent?
Invention is a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature. An invention shall be protected by mode of grant of invention patent or utility solution patent.
2. Register a patent in Vietnam
2.1 Minimum documents
– 02 Declaration for registration (form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN);
– 02 descriptions of the invention or utility solution: a description of the invention or utility solution must satisfy the general requirements specified at Points 23.6 of Circular No. 01/2007/TT-BKHCN;
– Fee and charge receipts.
2.2 Other documents (if any)
– 02 copies of an inventionor utility solution abstract
– Power of attorney (in case the request is filed through a representative);
– Paper on assignment of the right to file an application (if any);
– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
– Documents evidencing the right of priority (if the patent application has a claim for priority right).
2.3 Methods of filing application
The applicant may choose paper filing or online filing through the NOIP’s online public service portal, specifically as follows:
a) 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 NOIP 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 NOIP in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
If the fee or charge is transferred to one of the above-mentioned NOIP’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point.
b) Online filing
Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the NOIP on the Online Application Receiving System.
The applicant need to complete the steps of filing an invention/utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
The applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. Then, the application number will be issued in the Online Application Receipt System.
2.4 Fees and charges for patent registration
– Official charge for filing application: VND 150,000/ 01 application;
– Fee for formality examination: VND 180,000/ 01 independent point;
– Fee for formality examination from page 7 of the description onward: VND 8,000/ 01 page;
– Fee for publication of valid application: VND 120,000/ 01 application;
– Fee for publication of valid application from the 2nd image onwards VND 60,000/ 01 image;
– Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;
– Fee for the patent search for the examination process: VND 600,000/ 01 independent point;
– Fee for substantive examination: VND 720,000/ 01 independent point;
– Fee for substantive examination from page 7 of the description onward: VND 32,000/ 01 page.
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