Learn about application processing deadlines and filing methods for inventions/utility solutions in Vietnam

1. Time limit for processing patent/utility solution applications

From the date it is received by the National Office of Intellectual Property, the application for registration of an invention/utility solution will be considered in the following order:

- Formal appraisal: 01 month

- Announcement of patent/utility solution application:

(i) The application for registration of an invention/utility solution is published within the nineteenth month from the priority date or filing date, if the application does not have a priority date, or within 02 months from the date of acceptance of the application valid, whichever is later;

(ii) The patent application under the Patent Cooperation Treaty (hereinafter referred to as "PCT application") is published within 02 months from the date of acceptance of a valid application that has entered the national phase;

(iii) Invention/utility solution registration applications requiring early publication shall be published within 02 months from the date the National Office of Intellectual Property receives the request for early publication or from the date of acceptance of the application. custom, whichever is later. To receive early publication, the applicant needs to have a written request for early publication, clearly stating the reason for early publication. Requesting early publication does not require payment of fees or charges.

- Substantive examination: no more than eighteen months from the date of publication of the application if the request for substantive examination is submitted before the date of publication of the application or from the date of receipt of the request for substantive examination if such request is filed after the date of publication of the application.

[Article 110, Article 119 of Intellectual Property Law]

2. 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:

a) Paper application form

Applicants can submit an invention/utility solution application directly or via postal service to one of the application receiving points of the National Office of Intellectual Property, specifically as follows:

- 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 an invention/utility solution 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 offices. The above application receiving points of the National Office of Intellectual Property 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).

b) 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 the invention/utility solution application on the online application receiving system of the National Office of Intellectual Property, after completing the declaration. notify and submit the application on the Online Application Receiving System. 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.