Patent application documents according to legal regulations

An invention is a technical solution in the form of a product or process to solve a specific problem by applying the laws of nature. (Article 4.12 of the Law on Intellectual Property)

Inventions are protected in the form of Patents for Inventions or Patents for Utility Solutions. (Article 58.1 of the Law on Intellectual Property).

1. Documents required in a single application

1.1. Patent registration form, typed according to form No. 01 Appendix I of Decree No. 65/2023/ND-CP (Attached form).

1.2. Description of invention/utility solution

- The description of the invention/utility solution must meet the provisions in Appendix I of Decree No. 65/2023/ND-CP. The description of the invention/utility solution includes a Description, Protection Request and Drawings (if any).

- The 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 invention/utility solution;

+ Technical status of the field of use of the invention/utility solution;

+ Purpose of the invention/utility solution;

+ Technical nature of the invention/utility solution;

+ Brief description of accompanying drawings (if any);

+ Detailed description of the implementation options for the invention/utility solution;

+ Examples of implementing inventions/utility solutions;

+ The benefits (effects) that can be achieved.

- The protection request is separated after the description section, the protection request is used to determine the scope of industrial property rights for the invention. The protection request must be presented briefly, clearly, consistent with the description and drawings, in which the new signs of the object requested for protection must be clarified.

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

1.3. Summary of invention/utility solution

- The abstract of the invention/utility solution must not exceed 150 words and must be separated into a separate page. The abstract may contain drawings and characteristic formulas. All drawings and characteristic formulas (if any) must be presented in only half an A4 page and must be clear. The abstract of the invention/utility solution is not required to be submitted at the time of application and the applicant can supplement it later.

- Documents for payment of fees and charges.

* For patent applications related to biotechnology/pharmaceuticals, in addition to the general requirements for the invention description specified in Clause 1 above, the application must comply with the requirements in Part IV of Appendix I of Decree No. 65/2023/ND-CP.

2. Other documents (if any)

- Power of attorney (if the patent/utility solution application is submitted through an industrial property representative service organization);

- Documents proving the right to register (if inherited from another person). For example: Transfer of right to file an application... (if any);

- Documents proving priority rights (if the patent application claims priority rights).

- Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.

[Article 100, Article 108 of the Law on Intellectual Property; Appendix I of Decree No. 65/2023/ND-CP]