Clubs · Dec 18, 2024 · 3 min read
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Patent application form
The form of patent application is an important factor in the process of protecting intellectual property rights. Choosing the right form of application not only saves time but also ensures that your application is processed efficiently. This article will provide detailed information about the different forms of patent application, helping you better understand the process and choose the method that best suits your needs.
1. Invention
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).
2. Application form
Applicants can choose to submit a paper application or submit an online application via the Intellectual Property Office's online public service portal, specifically:
a) Paper application form
Applicants can submit applications for inventions/utility solutions directly or via postal service to one of the following specific application receiving points of the Intellectual Property Office:
- Head office of the Intellectual Property Office, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
- Representative office of the Department 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 an application for a patent/utility solution registration by post, the applicant must transfer money via the postal service, then photocopy the Money Transfer Receipt and send it with the application to one of the above-mentioned application receiving points of the Intellectual Property Office to prove the amount of money paid.
(Note: When transferring fees to one of the above application receiving points of the Intellectual Property Office, the applicant must send the application via post to the corresponding application receiving point).
b) Online application form
- Conditions for submitting an application 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 Intellectual Property Office to carry out IP registration transactions.
- Online application procedure: The applicant must declare and submit the application for invention/utility solution registration on the Online Application Receiving System of the National Office of Intellectual Property. After completing the declaration and submitting the application on the Online Application Receiving System, the System will send 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 transaction hours to present the Confirmation of Online Document Submission and accompanying documents (if any) and pay the prescribed fees/charges. If the documents and fees/charges are complete as prescribed, the officer receiving the application will issue an application number to the Declaration on the Online Application Receiving System. If the documents and fees/charges are not complete as prescribed, the application will be rejected. In case the Applicant fails to complete the application procedure as prescribed, the online document will be cancelled and a Notice of Online Document Cancellation will be sent to the Applicant on the Online Application Receiving System.
3. Declaration form specified in the Appendix attached to Decree No. 65/2023/ND-CP
