Guide for Vietnam Patent Application Process

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Vietnam Profile

Vietnam, officially known as the Socialist Republic of Vietnam, is located in the easternmost part of the Indochina Peninsula in Southeast Asia. Its population ranks 13th in the world and 8th in Asia. It borders China to the north, Laos to the northwest, and the South China Sea to the east, sharing a maritime border Read more

Vietnam Profile

Vietnam, officially known as the Socialist Republic of Vietnam, is located in the easternmost part of the Indochina Peninsula in Southeast Asia. Its population ranks 13th in the world and 8th in Asia. It borders China to the north, Laos to the northwest, and the South China Sea to the east, sharing a maritime border with Malaysia. Its capital has always been Hanoi since the reunification of North and South Vietnam in 1976.

Vietnam Intellectual Property Legal System

  • "Intellectual Property Law"
  • "Civil Code"

International Organization/Agreement

  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Berne Convention for the Protection of Literary and Artistic Works
  • Patent Cooperation Treaty (PCT)
  • "Convention Establishing the World Intellectual Property Organization"
  • Paris Convention for the Protection of Industrial Property
  • Madrid Agreement on the International Registration of Marks
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Filing Language
vietnamese

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Vietnam State Intellectual Property Office

English: Intellectual Property Office of Viet Nam, Abbreviation: IPVN

Website: Trang chủ - CỤC SỞ HỮU TRÍ TUỆ (ipvietnam.gov.vn)

Vietnam Invention Patent Search: IP Viet Nam

  • Vietnamese patents have been amended on June 19, 2009, and the new law will be implemented on January 1, 2010. In Vietnam, the description of the invention patent application does not publish the specification of the patent application published for the first time, but only the granted notice of the second publication in Vietnam. Vietnam uses codes 1, 2, and 3 to represent inventions, utility models, and designs, respectively. The coding format of the patent application number is as follows:

  • typetimeEncoding formatexample
    Invention patent application numberBefore 2010[4-digit year of AD] + [serial number of patent application]19980612
    After 2010【1】+【-】+【4-digit AD Year】+【-】+【patent application serial number】1-2001-00670
    Invention patent announcement numberBefore 2010Patent application serial number3229
    After 2010【1】+【-】+【7-digit serial number】1-0004669
    Utility model patent application numberBefore 2010【H】+【-】+【3-digit serial number of patent application】+【/】+【2-digit AD year】H-401/96
    After 2010【2】+【-】+【4-digit AD Year】+【-】+【5-digit serial number】2-2004-00106
    Utility Model Authorization Announcement NumberBefore 2010【H】+【-】+【4-digit serial number】H-0173
    After 2010【2】+【-】+【7-digit serial number】2-0000434
    Design application numberBefore 2010【K】+【-】+【4-digit AD Year】+【4-digit serial number】K-19981053
    After 2010【3】+【-】+【4-digit AD Year】+【5-digit serial number】3-2003-00680
    Appearance Design Authorization Announcement NumberBefore 2010【4-digit serial number】6180
    After 2010【3】+【-】+【7-digit serial number】3-00008044

Filing Language: Vietnamese

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Vietnamese Translation
  3. Viability Statement of Microorganism and Vietnamese Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. IPC classification 
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Vietnamese Translation
  6. Viability Statement of Microorganism and Vietnamese Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer
  10. IPC classification 

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

IPVN conducts formality examination and substantive examination of invention patents. IPVN completes the formality examination within 1 month from the filing date. For the invention patent application through the via Paris Convention, the patent publication will be completed 19 months from the filing date/priority date. For the PCT application enters into the Vietnamese national phase, the patent will be published within 2 months after national phase entry. A patent applicant/anyone can file the request for substantive examination no later than 42 months from the filing date. The application is published within 2 months after granted and enters into the opposition period. The opposition period starts from the publication date and ends on the granted date. Anyone can raise an opposition to the published patent within the opposition period.

If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

5-6 years

  • Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receipt of the notification of granted. 
  • Annuity: The 1st year annuity should be paid at the same time as payment of the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% penalty will be paid at the same time

Yes. Please consult IPVN for the standards and charges for the priority restoration. 

No

Yes. The applicant can file a request and pay the prescribed fee to convert the patent type from invention to utility model after IPVN completes the substantive examination. If the invention patent does not meet the requirements for granted, a request for conversion can be filed within 3 months from the date of issuance of the rejection.

Name of Patent Office

Vietnam State Intellectual Property Office

English: Intellectual Property Office of Viet Nam, Abbreviation: IPVN

Website: Trang chủ - CỤC SỞ HỮU TRÍ TUỆ (ipvietnam.gov.vn)

Vietnam Utility Model Patent Search: IP Viet Nam

  • Vietnamese patents have been amended on June 19, 2009, and the new law will be implemented on January 1, 2010. In Vietnam, the description of the invention patent application does not publish the specification of the patent application published for the first time, but only the granted notice of the second publication in Vietnam. Vietnam uses codes 1, 2, and 3 to represent inventions, utility models, and designs, respectively. The coding format of the patent application number is as follows:

  • typetimeEncoding formatexample
    Invention patent application numberBefore 2010[4-digit year of AD] + [serial number of patent application]19980612
    After 2010【1】+【-】+【4-digit AD Year】+【-】+【patent application serial number】1-2001-00670
    Invention patent announcement numberBefore 2010Patent application serial number3229
    After 2010【1】+【-】+【7-digit serial number】1-0004669
    Utility model patent application numberBefore 2010【H】+【-】+【3-digit serial number of patent application】+【/】+【2-digit AD year】H-401/96
    After 2010【2】+【-】+【4-digit AD Year】+【-】+【5-digit serial number】2-2004-00106
    Utility Model Authorization Announcement NumberBefore 2010【H】+【-】+【4-digit serial number】H-0173
    After 2010【2】+【-】+【7-digit serial number】2-0000434
    Design application numberBefore 2010【K】+【-】+【4-digit AD Year】+【4-digit serial number】K-19981053
    After 2010【3】+【-】+【4-digit AD Year】+【5-digit serial number】3-2003-00680
    Appearance Design Authorization Announcement NumberBefore 2010【4-digit serial number】6180
    After 2010【3】+【-】+【7-digit serial number】3-00008044

Filing Language: Vietnamese

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  6. IPC Classification 

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of priority
  6. Assignment for Patent Right Transfer
  7. IPC Classification 

10 years

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

IPVN conducts formality examination and substantive examination for utility model patents. IPVN has no restrictions on the fields of utility model patent applications. Utility models can be applied for in all fields covered by inventions, but all utility models applications will conduct substantive examination. Only novelty and practicability will be examined, and inventive step will not be examined. A patent applicant/anyone can file a substantive request no later than 36 months from the filing date.

If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

  • Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receipt of the notification of granted. 
  • Annuity: The annuity for the 1st year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time.

1 year

Yes. Please consult IPVN for the standards and charges for restoring the priority restoration. 

No

No

Name of Patent Office

Vietnam State Intellectual Property Office

English: Intellectual Property Office of Viet Nam, Abbreviation: IPVN

Website: Trang chủ - CỤC SỞ HỮU TRÍ TUỆ (ipvietnam.gov.vn)

Design Patent Search in Vietnam: IP Viet Nam

  • Vietnamese patents have been amended on June 19, 2009, and the new law will be implemented on January 1, 2010. In Vietnam, the description of the invention patent application does not publish the specification of the patent application published for the first time, but only the granted notice of the second publication in Vietnam. Vietnam uses codes 1, 2, and 3 to represent inventions, utility models, and designs, respectively. The coding format of the patent application number is as follows:

  • typetimeEncoding formatexample
    Invention patent application numberBefore 2010[4-digit year of AD] + [serial number of patent application]19980612
    After 2010【1】+【-】+【4-digit AD Year】+【-】+【patent application serial number】1-2001-00670
    Invention patent announcement numberBefore 2010Patent application serial number3229
    After 2010【1】+【-】+【7-digit serial number】1-0004669
    Utility model patent application numberBefore 2010【H】+【-】+【3-digit serial number of patent application】+【/】+【2-digit AD year】H-401/96
    After 2010【2】+【-】+【4-digit AD Year】+【-】+【5-digit serial number】2-2004-00106
    Utility Model Authorization Announcement NumberBefore 2010【H】+【-】+【4-digit serial number】H-0173
    After 2010【2】+【-】+【7-digit serial number】2-0000434
    Design application numberBefore 2010【K】+【-】+【4-digit AD Year】+【4-digit serial number】K-19981053
    After 2010【3】+【-】+【4-digit AD Year】+【5-digit serial number】3-2003-00680
    Appearance Design Authorization Announcement NumberBefore 2010【4-digit serial number】6180
    After 2010【3】+【-】+【7-digit serial number】3-00008044

Filing Language: Vietnamese

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

The initial protection is 5 years, which can be renewed twice, each time for 5 years, and the maximum protection can be 15 years.

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

IPVN conducts formality examination and substantive examination for design applications. A design may contain a product-specific appearance embodied by three-dimensional configuration, line, color or a combination of these elements. There is no need to file a request for substantive examination, and substantive examination starts automatically within 6 months of publication.

The novelty grace period of the design is 6 months after the first disclosure, publication and exhibition.

  • Grant fee: The patent applicant shall pay the granted fee and the first annual fee within 3 months after receipt of the notification of granted. 
  • Annuity: The renewal application and renewal fee should be submitted within 6 months before the expiry date. Can be renewed within 6 months of expiry, subject to a 10% late fee.

8-10 months

No

No

Yes. Multiple designs may be included in one design application.

发明专利、实用新型及外观设计进入国家申请流程