I. DEFINITION & CONDITION FOR PROTECTION
- Definition
A patent refers to a technical solution in the form of a product or process that aims to solve a specific problem through the application of natural laws.
[Article 4.12, Intellectual Property Law]
Patents are protected in the form of either an Invention Patent or a Utility Model Patent.
[Article 58.1, Intellectual Property Law]
- Technical Solution
A technical solution—the subject matter protected as a patent—is a set of necessary and sufficient information regarding a technical method and/or technical means (through application of natural laws) to address a defined task (problem). Technical solutions may take the following forms:
- Product in the form of a physical object, such as tools, machinery, equipment, components, electrical circuits, etc., represented by a set of information defining an artificial product characterized by technical features relating to structure, and having a function (utility) as a means to satisfy certain human needs; or
- Product in the form of a substance (including elements, compounds, and mixtures), such as materials, fabrics, food products, pharmaceuticals, etc., represented by a set of information defining an artificial product characterized by technical features relating to the presence, proportion, and state of its constituents, and having a function (utility) as a means to satisfy certain human needs; or
- product in the form of biological material, such as genes or genetically modified plants/animals, represented by a set of information about a product containing genetic information altered by human intervention and capable of self-replication;
- Process (technological process; methods for diagnosis, prediction, inspection, treatment, etc.) represented by a set of information that defines a procedure or specific work, characterized by features relating to sequence, conditions, involved elements, measures, and means for executing operations to achieve a specific purpose.
[Article 16.3(b), Circular No. 23/2023/TT-BKHCN]
- Conditions for Protection
An invention is protected by means of a Patent for Invention if it meets the following conditions:
- Novelty;
- Inventive step (non-obviousness);
- Industrial applicability.
An invention is protected by means of a Patent for Utility Model if it is not common knowledge and meets the following conditions:
- Novelty;
- Industrial applicability.
[Article 58.2, Intellectual Property Law]
- Subject Matters Not Protected as Patents
The following subject matters shall not be protected as patents:
- Discoveries, scientific theories, mathematical methods;
- Schemes, plans, rules, and methods for performing mental acts, training animals, playing games, doing business; computer programs;
- Methods for presenting information;
- Solutions of purely aesthetic character;
- Plant varieties and animal breeds;
- Production processes of plants and animals which are essentially biological and not microbiological processes;
- Methods for prevention, diagnosis, and treatment of diseases for humans and animals.
[Article 59, Intellectual Property Law]
- Definition
A patent refers to a technical solution in the form of a product or process that aims to solve a specific problem through the application of natural laws.
[Article 4.12, Intellectual Property Law]
Patents are protected in the form of either an Invention Patent or a Utility Model Patent.
[Article 58.1, Intellectual Property Law]
- Technical Solution
A technical solution—the subject matter protected as a patent—is a set of necessary and sufficient information regarding a technical method and/or technical means (through application of natural laws) to address a defined task (problem). Technical solutions may take the following forms:
- Product in the form of a physical object, such as tools, machinery, equipment, components, electrical circuits, etc., represented by a set of information defining an artificial product characterized by technical features relating to structure, and having a function (utility) as a means to satisfy certain human needs; or
- Product in the form of a substance (including elements, compounds, and mixtures), such as materials, fabrics, food products, pharmaceuticals, etc., represented by a set of information defining an artificial product characterized by technical features relating to the presence, proportion, and state of its constituents, and having a function (utility) as a means to satisfy certain human needs; or
- product in the form of biological material, such as genes or genetically modified plants/animals, represented by a set of information about a product containing genetic information altered by human intervention and capable of self-replication;
- Process (technological process; methods for diagnosis, prediction, inspection, treatment, etc.) represented by a set of information that defines a procedure or specific work, characterized by features relating to sequence, conditions, involved elements, measures, and means for executing operations to achieve a specific purpose.
[Article 16.3(b), Circular No. 23/2023/TT-BKHCN]
- Conditions for Protection
An invention is protected by means of a Patent for Invention if it meets the following conditions:
- Novelty;
- Inventive step (non-obviousness);
- Industrial applicability.
An invention is protected by means of a Patent for Utility Model if it is not common knowledge and meets the following conditions:
- Novelty;
- Industrial applicability.
[Article 58.2, Intellectual Property Law]
- Subject Matters Not Protected as Patents
The following subject matters shall not be protected as patents:
- Discoveries, scientific theories, mathematical methods;
- Schemes, plans, rules, and methods for performing mental acts, training animals, playing games, doing business; computer programs;
- Methods for presenting information;
- Solutions of purely aesthetic character;
- Plant varieties and animal breeds;
- Production processes of plants and animals which are essentially biological and not microbiological processes;
- Methods for prevention, diagnosis, and treatment of diseases for humans and animals.
[Article 59, Intellectual Property Law]
II. PROCEDURES & REQUIREMENTS
- Required Documents
- Specification
- The specification must comply with the requirements set out in Appendix I of Decree No. 65/2023/ND-CP. It must include the Description, Claims, and Drawings (if any).
- The Description must fully and clearly disclose the nature of the invention/utility model and contain the following:
- Title of the invention/utility model;
- Field of application;
- Background art;
- Purpose of the invention/utility model;
- Technical nature of the invention/utility model;
- Brief description of the accompanying drawings (if any);
- Detailed description of embodiments;
- Examples of implementation;
- Advantages/effects achievable.
- The Claims must be presented in a separate section following the Description. Claims define the scope of industrial property rights and must be concise, clear, consistent with the description and drawings, and highlight the novel features of the claimed subject matter.
- Drawings/Diagrams (if any) must be on separate pages.
- Abstract
- Must not exceed 150 words and must be on a separate page. The abstract may include a characteristic drawing or formula, which must occupy no more than half of an A4 page and must be clear.
- Other Documents (if applicable)
- Letter of Authorization/ Power of Attorney;
- Document proving the right to file (if the applicant derives rights from another person), e.g., assignment of the right to file;
- Document supporting priority claim (if the application claims priority rights);
- Disclosure of origin of genetic resources or traditional knowledge related to the genetic resource, if the invention is directly based on such resources or knowledge.
[Articles 100 and 108, IP Law; Appendix I, Decree No. 65/2023/ND-CP]
- General Requirements
- Each application requests only one type of protection title (either invention or utility model), which must be appropriate to the technical model described;
- All documents must be in Vietnamese. If any documents are in another language as allowed under Article 100.2 of the IP Law, they must be translated into Vietnamese;
- Documents must be presented in vertical A4 format (210mm x 297mm); drawings, diagrams, and tables may be in landscape orientation. Maps may be in A3 (420mm x 297mm). All margins must be 20mm, font Times New Roman, size not smaller than 13;
- Documents required to follow a prescribed form must use the official form and be fully completed;
- For documents of multiple pages (except photos, industrial design drawings), each page must be numbered using Arabic numerals;
- Documents must be typed or printed in indelible ink, clear and clean, without erasures or corrections. If the document has two or more pages, it must be bound and sealed by the applicant/issuing organization (if applicable). Minor typos can be corrected, but such corrections must be signed (and sealed, if applicable);
- Terminology must be consistent and use common terms (no dialects, rare words, or self-created terms). Symbols, measurement units, fonts, and spelling must follow Vietnamese standards;
- The application may include a supplementary electronic data carrier containing all or part of the application content.
[Appendix I, Decree No. 65/2023/ND-CP]
- Official Charges
- Filing fee: VND 150,000
- Formality examination fee: VND 180,000 per independent claim
- Formality examination fee for pages from the 7th page onward: VND 8,000 per page
- Publication fee: VND 120,000
- Fee for each figure from the second one onward: VND 60,000
- Priority claim examination fee (if applicable): VND 600,000 per priority claim
- Prior art search fee for examination: VND 600,000 per independent claim
- Substantive examination fee: VND 720,000 per independent claim
- Substantive examination fee for pages from the 7th page onward: VND 32,000 per page
Note: International Patent Classification (IPC) is required. If not provided or provided incorrectly, a classification fee of VND 100,000 per IPC class is payable to IP Office.
- Time Schedule
Upon filing with the IP Office, the application is examined as follows:
- Formality examination: 1 month
- Publication:
- For regular applications: published in the 19th month from the filing or priority date, or within 2 months from the date of acceptance of a valid application – whichever is later;
- For PCT applications: within 2 months from acceptance into the national phase;
- For early publication: within 2 months from the request for early publication or the acceptance of a valid application – whichever is later. Early publication requests must be justified in writing.
- Substantive examination: Within 18 months from the publication date (if requested before publication), or from the date the examination request is filed (if requested after publication).
[Articles 110 and 119, IP Law]
- Mode of filing
Applicants may choose paper filing or online filing through the IP Office’s online public service portal:
- Paper Filing: direct filing at the IP Office or by post to IP Office postal address.
Note: When submitting by post, the applicant must transfer the fees via postal service, keep the receipt, and enclose a photocopy of the receipt with the application to verify payment. Postal submissions must match the payment destination.
- Online Filing:
- Requirements: Applicant must possess a digital certificate and e-signature, register an account on the Online Filing System of the IP Office, and be approved for transactions.
- Procedure: filing the application through the IP Office’s online system. The system will issue a Confirmation Receipt for online submission. Within 1 month of online filing, the applicant must visit the IP Office (on working days and during office hours) to present the Confirmation Receipt and submit any accompanying documents and pay fees. If documents and fees are sufficient, an application number will be assigned. Otherwise, the application will be rejected.
If the applicant fails to complete the procedure, the online submission will be canceled, and a cancellation notice will be issued via the system.
III. AMENDMENT OF APPLICATION
- Procedure
- Prior to the issuance of a notice of refusal as of formality, a notice of refusal to grant protection, or a decision to grant protection, the applicant may amend the application either voluntarily or at the request of the IP Office.
- Required documents:
- Amendment Request;
- Legal documents justifying the amendment: In the case of substantive amendments, the applicant must submit the amended version of the relevant documents and a detailed statement comparing the amended content with the original documents (e.g., part or all of the specification or abstract). Note: Amendments must not expand the scope of protection disclosed in the original specification.
- Letter of Authorization / Power of Attorney
- Proof of payment of official charges
- Official Charges
- Amendment examination fee: VND 160,000 per item;
- Publication fee: VND 120,000 (if the application has already been accepted as of formality).
- If the amendment request is submitted after the issuance of the notification of intention to grant protection and relates to the substance of the invention (i.e., the specification), a substantive re-examination is required. Substantive examination fee: VND 720,000 per independent claim.
- Time schedule
- Substantive examination: up to 6 months
- Formal examination: 10 working days
- Mode of Filing: Paper Filing or Online Filing
[Based on Articles 115 and 119.4 of the IP Law; Article 16.3(d), Decree 65/2023/ND-CP]
IV. ASSIGNMENT OF APPLICATION
- Procedure
- Prior to the issuance of a notice of refusal as of formality, a notice of refusal to grant protection, or a decision to grant protection, the applicant may request the IP Office to record a change of ownership due to assignment, inheritance, succession, or a competent authority’s decision.
- Required documents:
- Request for assignment;
- Deed of Assignment / Assignment Agreement (original or certified copy), including full names and addresses of assignor and assignee, and the assigned application number or identifying details;
- Letter of Authorization / Power of Attorney
- Official Charges
- Assignment request examination: VND 160,000
- Publication fee: VND 120,000 (if application has been accepted as of formality)
- Time Schedule
- Substantive examination: 6 months (if required)
- Formal examination: 10 working days
If the assignment request is submitted after the notice of intention to grant protection, re-examination and re-publication will be required with applicable fees.
- Mode of Filing: paper filing or online submission with in-person confirmation.
[Based on Article 18, Decree 65/2023/ND-CP]
V. DIVISION OF APPLICATION
- Procedure
- Prior to the issuance of a notice of refusal as of formality, a notice of refusal to grant protection, or a decision to grant protection, the applicant may, voluntarily or upon request, divide the application.
- A divisional application is assigned a new application number and retains the original filing or priority date(s).
- Required documents
- New application clearly stating the original application number and filing date;
- Specification: the divided subject matter must be part of the original application but distinct from the remaining content. A statement comparing the amended content must be included;
- Written request for division;
- Letter of Authorization / Power of Attorney.
- Official Charges
- Same as original application. Additionally, amendment examination charge for the original application: VND 160,000
- Time schedule:
- The divisional application shall undergo the formality examination and the remaining procedures continue from where the original application left off.
- Mode of Filing: paper filing or online submission with in-person confirmation.
[Based on Article 115 of the IP Law and Article 17 of Decree 65/2023/ND-CP]
VI. CONVERSION OF APPLICATION
- Procedure
- Prior to the issuance of a notice of refusal as of formality, a notice of refusal to grant protection, or a decision to grant protection, the applicant may convert a patent application into a utility model application and vice versa.
- Required documents
- New application with the appropriate checkbox marked for “Patent” or “Utility Model” depending on the conversion;
- Specification (same as original or adjusted if necessary);
- Written request for conversion;
- Letter of Authorization / Power of Attorney.
- Official Charges
- Filing fee: VND 150,000
- Publication fee: VND 120,000 (if application has been accepted as of formality.
- Time Schedule
Once accepted, the IP Office continues to process the converted application without repeating completed procedures.
- Mode of Filing: paper filing or online submission with in-person confirmation.
[Based on Article 115 of the IP Law and Article 17 of Decree 65/2023/ND-CP]
VII. POST-GRANTED MATTERS
- Annuities
- A Patent is valid from the grant date and remains in force for 20 years from the filing date (or international filing date). Annual annuity is required.
- A Utility Model Patent is valid from the grant date and remains in force for 10 years from the filing date (or international filing date). Annual annuity is also required.
- To maintain validity, the patent holder must submit a annuity request within 6 months before the expiration of each protection year. Late submission is allowed within 6 months after the expiration date, with an additional late fee.
- Required documents:
- Annuity Request;
- Letter of Authorization / Power of Attorney;
- Copy of payment receipt;
- Other supporting documents (if necessary).
- Time schedule
- 1 month from the date of submission
- Outcome:
- Notification of successful maintenance (published in the IP Gazette) or
- Decision of refusal to maintain the validity of patent.
- Official Charges
- Annuity fee: VND 100,000/claim
- Late annuity: 10% per month of the annuity fee
- Examination: VND 160,000/patent
- Annually payable annuity/ claim
- Years 1–2: VND 300,000/year
- Years 3–4: VND 500,000/year
- Years 5–6: VND 800,000/year
- Years 7–8: VND 1,200,000/year
- Years 9–10: VND 1,800,000/year
- Years 11–13: VND 2,500,000/year
- Years 14–16: VND 3,300,000/year
- Years 17–20: VND 4,200,000/year
- Publication: VND 120,000
- Recordal: VND 120,000/patent
[Articles 93–94, IP Law; Article 30, Decree 65/2023/ND-CP]
- Duplicate
- A duplicate copy is issued when the IPRs are jointly owned. The initial patent is granted to the first named owner; others may request duplicates.
- A reissuance is granted if the original patent is lost, damaged, torn, stained, or unreadable.
- Required documents
- Request for Duplicate;
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if needed).
- Time Schedule: 01 month
- Outcome:
- Decision to issue or refuse issuance of Duplicate and publication in the Gazette
- Return of the Duplicate to the applicant
- Official Charges
- Publication fee: VND 120,000/application
- Registration fee: VND 120,000/patent
- Service fee: Not yet charged (pending future regulation)
[Article 29.7, Decree 65/2023/ND-CP]
- Amendment of Patent
- Amendments apply in case of changes to:
- Name/address of the Patent Holder;
- Inventor’s name/nationality
- Change of ownership due to inheritance, merger, division, etc.
- Change of representative organization
- Request to narrow the scope of protection (e.g., remove claims)
- Required documents:
- Amendment Request;
- Original Patent;
- Documents verifying the change (e.g., certified name/address change, business license);
- Legal documents supporting transfer (e.g., inheritance, court decision);
- Statement of amendment details;
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other documents (if needed).
- Time Schedule
- 2 months for standard amendments
- Up to 12 months if substantive re-examination is needed (e.g., narrowing protection)
- Outcome:
- Decision to register or refuse the amendment, update in the original Patent, and return to the Holder.
- Official Charges
- Amendment examination: VND 160,000/title
- Publication fee: VND 120,000/application
- Additional image fee (from 2nd image onward): VND 60,000/image
- Registration fee: VND 120,000/title
- Re-examination (if applicable): VND 720,000/claim
[Articles 97 and 119, IP Law; Article 29.1, Decree 65/2023/ND-CP]
- Assignment
- Assignment involves the transfer of ownership of IP rights to another organization/individual.
- The assignment contract must be in writing and is valid only after registration with the IP Office.
- Required documents
- Assignment Request;
- Assignment contract;
- Original Patent;
- Consent Declaration (if rights are jointly owned);
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if necessary).
- Time Schedule: 2 months
- Outcome
- Decision to register/refuse the assignment, grant of assignment registration certificate, and publication in Gazette
- Official Charges
- Examination: VND 230,000/Patent
- Publication fee: VND 120,000/Request
- Registration fee: VND 120,000/Patent
[Articles 138, 148, IP Law; Articles 58.1, 59.4, Decree 65/2023/ND-CP]
- Licensing (Transfer of Use Rights)
- The owner may grant permission for others to use their IP rights via a written license agreement.
- The license is effective upon agreement but is enforceable against third parties only when registered.
- Required documents:
- Request for Recordal of Licensing;
- Licensing Contract (2 copies);
- Consent Declaration (if rights are jointly owned);
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if necessary).
- Time Schedule: 2 months
- Outcome:
- Decision to register/refuse the license, grant of licensing certificate, and publication in Gazette
- Official Charges
- Licensing certificate: VND 120,000/application
- Examination: VND 230,000/Patent
- Publication fee: VND 120,000/application
- Registration fee: VND 120,000/Patent
[Articles 141, 148, 149, IP Law; Articles 58.1, 59.4, Decree 65/2023/ND-CP]
- Amendment/Extension/Termination of Licensing Agreements
- Applicable in the following cases:
- Changes to name/address of parties
- Amendments to contract terms
- Extension beyond the original term
- Termination before expiry at the request of either party
- Required documents
- Request;
- Original licensing certificate (for amendment or extension);
- Supporting documents for changes (e.g., updated business license);
- Agreement documents on amendment, extension, or termination;
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if necessary).
- Time Schedule: 1 month
- Outcome:
- Decision to register or refuse amendment/extension/termination, update certificate, and return to holder.
- Official Charges
- Examination: VND 160,000/Patent
- Publication fee: VND 120,000/application
- Registration fee: VND 120,000/patent
[Article 61, Decree 65/2023/ND-CP]
- Issuance of Copies/Reissuance of Licensing Certificates
- Required documents:
- Request;
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if necessary).
- Time Schedule: 1 month
- Outcome:
- Decision to issue/reissue license certificate and publication in Gazette
- Official Charges
- Publication fee: VND 120,000/application
- Registration fee: VND 120,000/Patent
- Service fee: Temporarily not collected (pending regulation)
[Articles 29.7, 29.8, Decree 65/2023/ND-CP]
- Termination of Validity of Patent (Voluntary Surrender)
- Patent validity may be terminated upon the owner’s written declaration of relinquishment.
- The termination is effective from the date the IP Office receives the declaration.
- Required documents:
- Termination request;
- Statement of reasons for termination;
- Letter of Authorization / Power of Attorney;
- Copy of fee payment receipt;
- Other supporting documents (if necessary).
- Time Schedule: 15 days from submission
- Outcome:
- Decision to terminate the validity of Patent and publication in Gazette or
- Notice of refusal to terminate
- Official Charges
- Termination request fee: VND 50,000/request
- Examination fee: VND 180,000/Patent
- Publication fee: VND 120,000/request
- Registration fee: VND 120,000/Patent
[Article 95, IP Law; Article 32, Decree 65/2023/ND-CP]
