Filing Requirements

Filing Type: National Phase Entry PCT National Phase Entry
Deadline: 31 months
Power of Attorney: Yes
Assignments: No
Language: Vietnamese
Translation Extension: No
Excess Claims Fee: No
Examination Request: Deferred
Country Notes: N/A
Filing Type: Direct Filing Direct Filing
Power of Attorney: Yes*
Assignments: Sometimes**
Language: Vietnamese
Excess Claims Fee: No
Examination Request: Deferred***
Country Notes: * Power of Attorney forms need to be filed, but neither notarization nor legalization is required. If the forms cannot be submitted at filing, it is possible to file late as a response to the IP Vietnam’s Notification of Deficiencies (at a cost) within one month, with an extension of further one month, from the date of Office Action.

 

** Assignments are only required if the applicant of the priority application is different to the applicant of the Vietnamese application, or, the applicant is an individual but not an inventor of the application.

*** Examination request can be filed either at filing or later. Deadline for request for substantive examination is 42 months for inventions and 36 months for utility solutions, either from priority date or from filing date if no priority is claimed.

• A certified copy of the Priority Document is required within three months from the filing date (with details needed at filing). Only the priority data is required at the time of filing (application number, filing date and country).

• The translation must be filed when filing the application.

Overview 

Statistics have shown that recent numbers of invention applications in the world in general and in Vietnam in particular gradually increased. This means patents and IP protection titles become more significant while the international market is turning into a knowledge-based market in which creativity rights of human beings play a significant role and are indicators of quality and characteristics of a product of an enterprise and a country to distinguish from those of other enterprises and countries, indicating that enterprises, research institutes and inventors to be aware of IP protection in the process of economic modernization and international integration.

Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.

Invention protection is relatively complicate and relates to different aspects such as research activities, civil law and the industry. The introduction of invention protection system will enable invention holders to use more effectively.

The Ordinance of industrial property protection revoked Certificate of Inventors for patent protection. Since then, patents and other industrial property subject matters are considered a property and an object of property right. This is reaffirmed in Civil Code 1995 and IP Law 2005. According to IP Law 2005, legal provisions on patent protection in Vietnam are almost in conformity with international standards provided in TRIPS Agreement. 

General requirements for inventions eligible for protection 

1. An invention shall be eligible for protection by granting of an Invention Patent if it meets the following conditions:
a) To be novel;
b) To involve an inventive step;
c) To be susceptible of industrial application.

2. Unless it is common knowledge an invention shall be eligible for protection by granting of a Utility solution Patent if it meets the following conditions:
a) To be novel;
b) To be susceptible of industrial application. 

Subject matters not protected as inventions 

The following subject matters shall not be protected as inventions:
1. Discoveries, scientific theories; mathematical methods;
2. Schemes, plans, rules or methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
3. Presentations of information;
4. Solutions of aesthetic characteristics only;
5. Plant varieties, animal varieties;
6. Processes of essentially biological nature for the production of plants and animals other than microbiological processes;
7. Disease prevention, diagnostic and treatment methods for human or animals.