Substantive examination mechanism for patent applications in Vietnam

IP VIETNAM is responsible for the examination of patent applications in Vietnam and will evaluate patent applications based on three aspects:

• Assess whether the subject matter described in the patent application is consistent with the type of protection sought
• Evaluate the subject matter according to various protection conditions
• Review whether the “first-to-file” principle is followed

The following types of examination opinions may be issued by IP VIETNAM during the substantive examination process:

• Information/Notice of Corresponding Patents: The examiner of the Vietnam Patent Office will evaluate whether the Vietnamese patent application has a corresponding patent application family abroad and whether the foreign patent application family has been granted. If a patent family exists and the background technology meets the patentability criteria of the Vietnamese application, the examiner will issue a notice. The notice includes detailed information of the patent family and recommends that the applicant amend the Vietnamese patent application based on the identified patent family.
• Notice of substantive examination results: In this notice, the results of the substantive examination will be provided, including the evaluation of the protection criteria for various aspects such as novelty, inventive step, industrial applicability and/or unity of invention. In addition, any other defects in the application, such as those related to the description or examination fee, will also be pointed out by the examiner for the applicant to resolve. Generally, in addition to detailing the reasons for rejection and other application defects, the examiner may also suggest that the applicant amend the Vietnamese patent application based on the patent family, or make other suggestions to overcome these defects, aiming to improve the applicant's chances of obtaining patent protection.
• Notice of Intent to Grant: If the patent application is deemed to meet the required protection standards after the substantive examination process, the applicant will receive a Notice of Intent to Grant a Patent. This notice includes confirmation that the patent application meets the protection standards and is accompanied by a detailed list of fees. The applicant must pay the authorization fee to formally obtain the patent authorization.

Time limit for substantive examination notice:

• Time limit: The substantive examination action notice is issued within 18 months from the date of requesting substantive examination or the date of publication, whichever is later. This sets a clear time frame for applicants to estimate the examination process.
• Reply: After receiving the examination action notice, the applicant has 3 months to respond.
• Extension request: If the applicant needs more time to respond, the applicant may request a 3-month extension.