Patents

  • 1. Definition

    Invention means 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. Technical solutions

    Technical solution - the object protected under the name of an invention is a set of necessary and sufficient information on technical methods and/ or technical means (application of natural laws) which is intended to solve a mission (a problem).
    Technical solutions may be in one of the following forms: 
    (i) Products in the form of objects, for example, tools, machines, equipment, components, circuits..., expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of structure, that product functions (utilizing) as a means to meet certain needs of human; or products in the form of substances (includingsimple substances, compounds and mixtures), for example materials, food, pharmaceuticals ..., expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, functioning (utilizing) as a means to meet certain needs of human; or products in the form of biological materials, for example genes, genetically modified plants or animals ..., represented by a collection of information about a product containing modified genetic information under human impact, capable of self-replicating;
    (ii) Process or method (production process; diagnostic, predictive, test, process, etc.) is represented by a set of information that determines how to conduct a process, a specific job is characterized by signs (characteristics) of the sequence, participants, measures and means of performing operations to achieve a certain purpose.

     3. General conditions for invention or utility solution eligible for protection

    An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
    - Being novel;
    - Involving an inventive step;
    - Being susceptible of industrial application.
    Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
    - Being novel;
    - Being susceptible of industrial application.

    4. The following subject matters shall not be protected as inventions
    The following subject matters shall not be protected as inventions accordance with Article 59 of the Intellectual Property Law:
    - Scientific discoveries or theories, mathematical methods;
    - Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
    - Presentations of information;
    - Solutions of aesthetical characteristics only;
    - Plant varieties, animal breeds;
    - Processes of plant or animal production which are principally of biological nature other than microbiological ones;
    - Human and animal disease prevention, diagnostic and treatment methods.

  • 1. Minimum documents

    - 02 Declaration for registration which are typed according to 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 and must be adequately and clearlydemonstratethe following:
    + Title of the invention or utility solution;
    + Use field of the invention or utility solution;
    + Technical state of the use field of the invention or utility solution;
    + Technical nature of the invention or utility solution;
    + Brief description of accompanied drawings (if any);
    + Detailed description of inventionor utility solution realization variations;
    + Examples of inventionor utility solution; realization;
    + Benefits (effects) expected to be achieved];
    + 02 invention protection coverage (hereinafter referred to as the protection coverage or protection claim);
    - Fee and charge receipts.
     
    2. Other documents (if any)
    - 02 copies of an inventionor utility solution abstract [with no more than 150 words and be presented on an A4 paper sheet. An inventionor utility solution abstract is not required at the time of filing the application and can be added later].
    - 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).
     
    3. General requirements for industrial property (IP) registration applications
    - Each application can request grant of one protection title which is of a type suitable to the technical solution object stated in the application;
    - All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
    - All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
    - For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
    - A document consisting of many pages must have page numbers in Arabic;
    - All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
    - Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
    - The application may be accompanied with carriers of electronic data of part or the entire content of its documents.
     
    4. Fees and charges for invention or utility solution 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.
     
    Note: 
    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).
     
    5. Time limit for processing invention or utility solution registration applications
    From the date on which the registration application is received by the IPVN, the registration application of an invention or utility solution shall be examined in the following order:
    - An invention or utility solution registration application shall have its formality examination within 01 month from the filing date.
    - Publication of invention registration applications:
    (i) An invention or utility solution registration application shall be published in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within 02 months after it is accepted as a valid application, whichever is later;
    (ii) An invention or utility solution registration application under the Patent Cooperation Treaty (hereinafter abbreviated to PCT) shall be published within 02 months from the date it is accepted as a valid application and enters the national phase;
    (iii) An invention or utility solution registration application containing a request for earlier publication shall be published within 02 months from the date the IPVN receives that request or the date it is accepted as a valid application, whichever is later.
    - An industrial property registration application shall be substantively examined within the following time limits:18 months from the date of its publication 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;
     
    6. Methods of filing application 
    The applicant may choose paper filing or online filing through the IPVN'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 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.
    In case of filing an application for an invention/ utility solution by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’soffice to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
     
    b) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing an invention/ utility solution application form on the IPVN's Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant.
    + Theconfirmation of online submissionmust be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, anIPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
     
    Application form:
     
  • 1.Procedure for amendment/ transfer of invention or utility solution applications
    1.1 Procedure for amendment of invention or utility solution applications
    -Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
    - A request for application amendments includes:
    (i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
    (ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the invention or utility solution registration applications, 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, specifically: invention or utility solution description or abstract. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the description];
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
    - An application amendmentsr equest is filed after the IPVN issues Notification of intended grant of certificates andpay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, description of invention/ utility solution), the application must be re-examination and the fee for substantive re-examination is calculated based on the number of independent points in the claim (VND 720,000/ 01 independent point).
    - The time limit for processing a dossier for registration of an invention/ utility solution application amendmentsrequest is 02 months (not including the time for the dossier-filing person to correct errors).
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:
    (i) Paper filing
    The applicant may submit a request for application amendments 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.
    In case of filing a request for application amendments by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application amendments on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
     
    1.2 Procedure for transfer of invention or utility solution applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/ her application to another person. 
    - A request for application transfer includes:
    (i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
    (ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application transfer request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application transferin case the application has been accepted as a valid application).
    - The time limit for processing a dossier for registration of an invention/ utility solution application transfer request is 02 months.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:
    (i) Paper filing
    The applicant may submit an application transfer request 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.
    In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing an application transfer request on the IPVN's Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
     
    2. Procedure for division/ conversion of invention or utility solution applications
     
    2.1 Procedure for division of invention or utility solution applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
    - A request for application division includes:
    (i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified;
    (ii)  02 descriptions of the invention or utility solution,in which the object claimed for protection in the divisional application must be the object included in the parent application and must be different from the object requesting protection in the parent application after being divided;
    (iii) Documents request in writing, proposal for divideinvention or utility solution application;
    (iv) Power of attorney (in case the request is filed through a representative);
    (v) For each divisional application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).
    - The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:
    (i) Paper filing
    The applicant may submit a request for application division 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.
    In case of filing a request for application division by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application division on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System. 
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
     
    2.2 Procedure for conversion of invention or utility solution applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicantmay convert the application for an invention patent into one for a utility solution patent or vice versa.
    - A request for application conversion includes:
    (i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN [Note: If the parent application form is checked (x) in the box "Request for patent", then for the converted application declaration form, the corresponding (x) must be checked in the box "Request for utility solution” or vice versa];
    (ii) 02 descriptions of the invention or utility solution;
    (iii) Documents request in writing, proposal for convert invention or utility solution application;
    (iv) Power of attorney (in case the request is filed through a representative);
    (v) Fee for application (VND 150,000) and the fee for publication (VND 120,000 in case the parent application has been accepted as a valid application).
    - The time limit for processing a converted application: After receiving a valid request for application conversion, the IPVN shall continue carrying out the procedures for processing the converted application according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is made.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:
    (i) Paper filing
    The applicant may submit a request for application conversion 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.
    In case of filing a request for application conversion by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application conversion on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System. 
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
     
    Application form:
    APPLICATION FORM - DECLARATION FOR AMENDMENT/ TRANSFER OF INVENTION OR UTILITY SOLUTION APPLICATIONS, (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  • 1. General provisions on maintenance of validity of protection titles

    Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date.Invention patent’s validity should be maintained annually.
    Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution patent’s validity should be maintained annually.
    To have the validity of his/her invention protection title maintained, a protection title holder shall file a request for maintenance of protection titles’ validity and 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 delayed maintenance fee for each month of delayed payment.
    - A request for maintenance of protection titles’ validity includes:
    + Declaration requesting maintenance of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for validity maintenance within 01 month from the date of receipt of the request.
    - Result: If the request is valid, IPVN shall record it in the National Register of Industrial Property, issue a notice on the validity maintenance of the protection title, and publish it in the Industrial Property Gazette. If the request is error or invalid, IPVN shall issue a notice of that and fix a time limit to correct the errors or make oppositions. If the requester fails to correct the errors or unsatisfactorily correct the errors or make no opposition or make unsatisfactory the oppositions within the said time limit, IPVN issues the decision on refusal of the validity maintain of protection titles.
    - Fees and charges:
    + Official charge for maintenance: VND 100,000/ 01 points;
    + Official charge for delayed maintenance: maintenance fee plus 10% for each month of delayed payment;
    + Fee for examination request for validity maintenance: VND 160,000/ 01 protection title;
    + Fee for protection title usage (per year):
    From the 1st year to the 2nd year: VND 300,000/ year/ 01 point
    From the 3rd to the 4th year: VND 500,000/ year/ 01 point
    From the 5th to the 6th year: VND 800,000/ year/ 01 point
    From the 7th to the 8th year: VND 1,200,000/ year/ 01 point
    From the 9th to 10th year: VND 1,800,000/ year/ 01 point
    From the 11th to 13th year: VND 2,500,000/ year/ 01 point
    From the 14th to 16th year: VND 3,300,000/ year/ 01 point
    From the 17th to 20th year: VND 4,200,000/ year/ 01 point
    + Fee for publication of Notice of validity maintenance: VND 120,000/ 01 request;
    + Fee for recording valid information into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    2. General provisions on grant of protection title duplicates and reissue of protection titles
    In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.
    In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: The protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used. 
    - A request for grant of duplicates/ reissue of protection titles includes:
    + Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title. 
    Return the protection title to the owner.
    - Fees and charges:
    + Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    3. General provisions on amendment or change of holders of protection titles
    The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change in the author's name or nationality; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
    Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property 
    A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the invention or utility solution patent.
    - A written request for amendment or change of holders of protection titles comprises the following documents:
    + Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
    + Original protection title;
    + Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
    + Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
    + Documents explaining in detail the modified contents;
    + Power of attorney (if the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
    In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for inventions not exceeding 12 months
    In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.
    - Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment. 
    Return the protection title to the owner.
    - Fees and charges:
    + Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
    + Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
    - Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;
    + Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
    - Fee for a re-examination in case of narrowing of the protection coverage: VND 720,000 / 01 point.
     
    4. General provisions on assignment of protection titles
    Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).
    An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).
    - A dossier for registration of an industrial property right assignment contracts comprises the following documents:
    + Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The contract;
    + Original protection title;
    + Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on the registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment. 
    Return (if any): the protection title to the owner.
    - Fees and charges:
    + Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;
    + Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    5. General provisions on licensing of industrial property objects
    Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).
    - A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
    + Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + 02 originals or 02 valid copies of the contract;
    + Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for registration of the license contract within 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract. 
    Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.
    - Fees and charges:
    + Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;
    + Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;
    + Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
    Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract. 
    The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
    Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
    The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the IPVN.
    - A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents: 
    + Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
    + Documents evidencing the amendment of the names and addresses of the contracting parties;
    + Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
    + Power of attorney (if the request is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
    - Result: 
    If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
    Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
    - Fees and charges:
    + Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of an industrial property licensing contract: VND 160,000/ 01 protection title;
    + Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;
    + Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
    - A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
    + Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract. 
    Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.
    - Fees and charges:
    + Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
    In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the request and decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
    - A request for termination of validity of protection title includes:
    + Declaration requesting termination of validity of protection titles (according to form 04-CDHB Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Written description of the reason for requesting the termination of validity of protection title;
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
    - Result: Based on the result of the examination of requests for termination of validity of protection titles and, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.
    - Fees and charges:
    + Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;
    + Fee for examination requests for termination of validity of protection titles: VND 180,000/ 01 protection title;
    + Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    Application form:
    APPLICATION FORM - DECLARATION FOR AMENDMENT/ RENEWAL/ MAINTENANCE OF VALIDITY/ DUPLICATES/ REISSUE/ TERMINATION/ INVALIDATION OF VALIDITY OF PROTECTION TITLES (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  • Đăng ký quốc tế sáng chế có nguồn gốc Việt Nam theo Hiệp ước PCT

    4.1 Điều kiện và thủ tục nộp đơn đăng ký quốc tế sáng chế có nguồn gốc Việt Nam theo Hiệp ước PCT

    - Để nộp đơn đăng ký quốc tế sáng chế có nguồn gốc Việt Nam theo Hiệp ước PCT thì ít nhất trong đơn cần có 01 (một) cá nhân là công dân mang quốc tịch tại nước là thành viên hoặc tổ chức có cơ sở kinh doanh hợp pháp tại nước là thành viên của Hiệp ước PCT.

    - Người nộp đơn có thể tiến hành nộp đơn đăng ký quốc tế sáng chế có nguồn gốc Việt Nam theo Hiệp ước PCT trực tiếp cho Văn phòng quốc tế và Cơ quan tra cứu quốc tế hoặc có thể nộp hồ sơ thông qua Cục Sở hữu trí tuệ để Cục Sở hữu trí tuệ kiểm tra sơ bộ về hình thức và gửi hồ sơ đơn cho Văn phòng quốc tế và Cơ quan tra cứu quốc tế trong thời hạn 12 tháng và điều kiện an ninh là 06 tháng kể từ ngày nộp đơn đầu tiên.

      - Hồ sơ đơn đăng ký sáng chế quốc tế gồm:

     (i) 03 Tờ khai “PCT REQUEST” (đăng tải tại website: http://wipo.int)

    (ii) 03 Bản mô tả sáng chế (ngôn ngữ sử dụng là Tiếng Anh)

    (iii) Bản sao đơn đầu tiên để làm đơn ưu tiên nộp cho Văn phòng quốc tế

    (iv) Giấy ủy quyền (nếu đơn được nộp thông qua tổ chức dịch vụ đại diện sở hữu công nghiệp);

    (v) Phí thẩm định sơ bộ hình thức: 300.000VNĐ

    (vi) Phí nộp cho Văn phòng quốc tế và cơ quan tra cứu (đăng tải tải website: http://wipo.int)

    - Cơ quan tra cứu quốc tế và cơ quan thẩm định sơ bộ quốc tế gồm: Ôx-trây-li-a, Áo, Liên bang Nga, Thụy Điển, Hàn Quốc, Xinh-ga-po, Cơ quan sáng chế Châu Âu.

    4.2 Hình thức nộp đơn

    Người nộp đơn có thể nộp đơn đăng ký quốc tế sáng chế có nguồn gốc Việt Nam theo Hiệp ước PCT trực tiếp hoặc qua bưu điện đến một trong các điểm tiếp nhận đơn của Cục Sở hữu trí tuệ, cụ thể:

    - Trụ sở Cục Sở hữu trí tuệ, địa chỉ: 386 Nguyễn Trãi, quận Thanh Xuân, thành phố Hà Nội.

              - Văn phòng đại diện Cục Sở hữu trí tuệ tại thành phố Hồ Chí Minh, địa chỉ: Lầu 7, tòa nhà Hà Phan, 17/19 Tôn Thất Tùng, phường Phạm Ngũ Lão, quận 1, thành phố Hồ Chí Minh.

              - Văn phòng đại diện Cục Sở hữu trí tuệ tại thành phố Đà Nẵng, địa chỉ: Tầng 3, số 135 Minh Mạng, phường Khuê Mỹ, quận Ngũ Hành Sơn, thành phố Đà Nẵng.

              Trường hợp nộp hồ sơ đơn qua bưu điện, người nộp đơn cần chuyển tiền qua dịch vụ của bưu điện, sau đó phô tô Giấy biên nhận chuyển tiền gửi kèm theo hồ sơ đơn đến một trong các điểm tiếp nhận đơn nêu trên của Cục Sở hữu trí tuệ để chứng minh khoản tiền đã nộp.

              (Lưu ý: Khi chuyển tiền phí, lệ phí đến một trong các điểm tiếp nhận đơn nêu trên của Cục Sở hữu trí tuệ, người nộp đơn cần gửi hồ sơ qua bưu điện tương ứng đến điểm tiếp nhận đơn đó).