Instructions for filing a Patents & Utility Solutions application in Vietnam

Instructions for filing a Patents & Utility Solutions application in Vietnam

In this article, BIGPRO would like to provide customers with the contents that applicants need to prepair attention to when wanting to apply for Patent registration in Vietnam.
What does a patent registration dossier include?
How to apply for patent registration?

A. Documents to prepare when filing a patent application

1. Required documents for the application (minimum documents)

– 02 Declarations (according to the patent registration declaration form in Appendix 1 – Decree 65/2023/ND-CP);
– 02 Descriptions of patents/utility solutions;
– 02 Summary of patents/utility solutions;
– Proof of payment of fees and charges.

In particular, the requirements for the Description of invention/utility solution are as follows:
The description of the patents/utility solutions includes a Description, Claims and Drawings (if any).

Description: must fully and clearly present the nature of the invention according to the following contents:
+ Name of invention/utility solution;
+ Field of use of patents/utility solutions solution;
+ Technical status of the field in which the patents/utility solutions is used;
+ Technical nature of the patents/utility solutions;
+ Brief description of the accompanying drawings (if any);
+ Detailed description of implementation options for patents/utility solutions;
+ Examples of implementing patents/utility solutions;
+ The benefits (effectiveness) that can be achieved].

Claims section: separated into a separate section after the description, claims are used to determine the scope of industrial property rights for the patent. The protection claim must be presented concisely, clearly, in accordance with the description and drawings, and must clarify new signs of the object that is sought to be protected.

Drawings and diagrams (if any): are separated into separate pages.

2. Other documents (if any)
– Power of attorney (if the patent/utility solution application is filed through an industrial property representation service organization);
– Certificate of transfer of application rights (if any);
– Document confirming registration rights (if beneficiary is from another person);
– Documents proving priority rights (if the patent application requires priority rights).

3. General requirements for registration application
– Requirements for declarations and requirements for the form of documents submitted with the declaration are specified in Part II, Part III – Appendix 1 – Decree 65/2023/ND-CP
– Requirements for patent descriptions are specified in Part IV – Appendix 1 – Decree 65/2023/ND-CP

B. How to file a patent application

According to Article 89 – Intellectual Property Law No. 11/VBHN-VPQH dated July 8, 2022
1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals with production and business establishments in Vietnam apply to register industrial property rights directly. directly or through a legal representative in Vietnam.
2. Foreign individuals who do not permanently reside in Vietnam, foreign organizations and individuals without production or business establishments in Vietnam submit an application to establish industrial property rights through a legal representative in Vietnam. Vietnam.
3. Applications for registration of industrial property rights are submitted in paper form to the state management agency on industrial property rights or electronically according to the online application system.

C. Application form

Applicants can submit an patent/utility solution application directly or via postal service to the Intellectual Property Department at 384-386, Nguyen Trai Street, Thanh Xuan District, Hanoi City or two Representative Offices of the National Office of Intellectual Property in Ho Chi Minh City and Da Nang City.

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