1. Procedure for examination of an Invention application

Step 1: Receive the application

Applications can be submitted in person or by post to the NOIP’s headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form

Check the compliance with the regulations on the form of the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the valid application / refuse to accept the application).

+ In case the application is valid, the NOIP shall issue a decision to accept the valid application;

+ In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the application, clearly stating the reasons and omissions that cause the application to be rejected and setting a time limit of 2 months. for the applicant to comment or correct the omission. If the applicant fails to correct the omissions/unsatisfactorily corrects the omissions/has no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.

Step 3: Publish application

After there is a decision to accept the valid application, the application will be published in the Industrial Property Official Gazette, information on the Industrial Property Official Gazette can be viewed on the website of the National Office of Intellectual Property.

Step 4: Verify the content of the application

+ Conducted when there is a request for substantive examination and after the application is accepted as valid;

+ Assess the ability to be protected of the object stated in the application according to the protection conditions (newness, inventive level, industrial applicability), thereby determining the corresponding scope of protection.

Step 5: Make a decision to grant/refuse to grant a protection title

+ If the object stated in the application fails to satisfy the requirements for protection, the NOIP shall issue a decision to refuse to grant a protection title;

+ If the object stated in the application satisfies the requirements for protection, and the applicant fully and timely pays fees and charges, the NOIP shall issue a decision to grant a protection title and record it in the Book. National registration of inventions and publication in the Industrial Property Official Gazette.

2. Time limit for processing invention/utility solution applications

From the date of receipt by the NOIP, the application for registration of an invention/utility solution shall be considered in the following order:

– Formal assessment: 01 month

– Publication of application for invention/utility solution:

(i) An application for registration of an invention/utility solution is published within the nineteenth month from the date of priority or the filing date, if the application does not have a priority date or within 2 months from the date of application acceptance. valid, whichever is later;

(ii) An application for an invention registration under the Patent Cooperation Treaty (hereinafter referred to as the “PCT application”) published within 02 months from the date of acceptance of the valid application has entered the national stage;

(iii) An invention/utility solution registration application requiring early publication shall be published within 2 months from the date the NOIP receives the request for early publication or from the date of acceptance of the patent application. rate, whichever is later.

Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is filed before the date of publication of the application, or from the date of receipt of the request for substantive examination if the request is filed after date of publication of application.

Registration fee: 120,000 VND.

3. Patent/utility solution registration fees and charges

Application fee:

– Formal appraisal fee:

– Formal examination fee from the 7th page of the description onwards:

– Application publication fee:

– Publication fee from the 2nd picture onwards:

– Fee for assessment of priority right (if any):

– Fees for looking up information to serve the appraisal process:

– Content appraisal fee:

– Content appraisal fee from the 7th page of the description onwards:

The above fees and charges shall be applied in accordance with regulations of the Ministry of Finance.

Note: The application for registration of invention/utility solution needs to be classified by the International Patent Classification (IPC), in case the applicant does not classify or classifies it incorrectly, the National Office of Intellectual Property will conduct the classification. and applicants need to pay the fee for classification according to regulations (VND 100,000 / 01 international classification of inventions).

The work BIGPRO will perform when you use the service to carry out the patent registration procedure.

Above are all the procedures and process of examining an Patent/GPHI application when you apply to the National Office of Intellectual Property. The role and benefits of Inventions bring to the economy are growing larger and deeper. In order to ensure the legal rights of the author and the patent holders, the registration of Patent/GPHI protection is very necessary. Therefore, if you have an invention and want to be protected but don’t know how, or you simply want to save time for other important work, we – BIGPRO Consulting Joint Stock Company always willing to help you in all procedures from preparing application documents to pursuing the application process in a professional and fastest way. With the service of performing patent registration procedures, BIGPRO will carry out the following tasks:

• Advice on the current provisions of the law on patent registration procedures;
• Prepare complete and valid documents for the implementation of procedures;
• Representing customers to perform work with the National Office of Intellectual Property;
• Receive results on your behalf and hand them over to you.

Above is BIGPRO’s advice on patent registration procedures. If you still have questions or need more detailed information, please contact the administrative procedure consulting department … of BIGRPO. For service advice, please connect to No…, we are always ready to support.