Procedures for division and conversion of patent/utility solution applications

Procedures for splitting patent/utility solution applications are as follows:

- Before the National Office of Intellectual Property makes a decision to refuse to accept an application, decide to grant or refuse to grant a protection title, the applicant can proactively or at the request of the National Office of Intellectual Property separate the application. The split application carries a new application number and is given the filing date of the original application or the priority dates of the original application (if any).

- Application separation dossier includes:  

(i) Invention registration declaration, typed according to form No. 01, Appendix I of Decree No. 65/2023/ND-CP. On the invention registration declaration, it is necessary to specifically state the application number and filing date of the applicant. original application);

(ii) A description of the invention/utility solution, in which the object claimed for protection in the split application must be the object in the original application and must be different from the object claimed for protection in the original application after split; Explanation of the subject matter requested for protection and the content of changes compared to the original application when filing a split application;

(iii) Document requesting separation of patent/utility solution application;

(iv) Power of Attorney (if the application is filed through an industrial property representation service organization);

(v) Split application fees and charges are calculated as for the original application. Particularly for documents requesting separation of applications submitted to the original application, a revision request appraisal fee of 160,000 VND must be paid.

- Time limit for processing the split application: The split application is assessed for form and continues to be processed according to the procedures that have not been completed for the original application.

- Application form:

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

(i) Paper application form

The applicant can submit a division application directly or by post to one of the application receiving points of the National Office of Intellectual Property, specifically:

- Head office of the Department of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.

- Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting a split application by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application to one of the above application receiving points of the State. Intellectual Property Office to prove the amount paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

(ii) Online application form

- Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to carry out transactions. Translation of industrial property rights registration.

- Online application procedure: The applicant needs to declare and submit a split application on the online application receiving system of the National Office of Intellectual Property, after completing the declaration and submitting the application on the Reception System. Receiving online application, the system will return to the applicant a Confirmation of online document submission. Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during business hours to present the Confirmation of documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are complete as prescribed, the application receiving officer will issue the application number to the Declaration on the Online Application Receiving System. If the documents and fees/fees are insufficient as prescribed, application will be refused. In case the Applicant does not complete the application procedure as prescribed, the online documents will be destroyed and a Notice of Cancellation of Online Documents will be sent to the Applicant on the Online Application Receiving System.

[Article 115 of the Intellectual Property Law and Article 17 of Decree 65/2023/ND-CP]