1. Procedure for division of invention or utility solution applications

Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).

- A request for application division includes:

(i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified;

(ii) 02 descriptions of the invention or utility solution,in which the object claimed for protection in the divisional application must be the object included in the parent application and must be different from the object requesting protection in the parent application after being divided;

(iii) Documents request in writing, proposal for divideinvention or utility solution application;

(iv) Power of attorney

(v) For each divisional application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).

- The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.

2. Procedure for conversion of invention or utility solution applications

Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicantmay convert the application for an invention patent into one for a utility solution patent or vice versa.

- A request for application conversion includes:

(i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN [Note: If the parent application form is checked (x) in the box "Request for patent", then for the converted application declaration form, the corresponding (x) must be checked in the box "Request for utility solution” or vice versa];

(ii) 02 descriptions of the invention or utility solution;

(iii) Documents request in writing, proposal for convert invention or utility solution application;

(iv) Power of attorney

(v) Fee for application (VND 150,000) and the fee for publication (VND 120,000 in case the parent application has been accepted as a valid application).

- The time limit for processing a converted application: After receiving a valid request for application conversion, the IPVN shall continue carrying out the procedures for processing the converted application according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is made.