Regulations on patent registration procedures according to Vietnam Intellectual Property Law

1. Documents required in a single application

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

1.2. Description of invention/useful solution

- The description of the invention/utility solution must meet the regulations in Appendix I of Decree No. 65/2023/ND-CP. The description of the invention/utility solution includes a Description, Claims 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/useful solution;

     + Technical status of the field in which the invention/utility solution is used;

    + Purpose of the invention/useful solution;

     + Technical nature of the invention/useful solution;

     + Brief description of the accompanying drawings (if any);

     + Detailed description of implementation options for inventions/useful solutions;

     + Examples of implementing inventions/useful solutions;

     + The benefits (effectiveness) that can be achieved.

- Protection claims are separated into separate sections after the description, protection claims are used to determine the scope of industrial property rights for the invention. The protection claim must be presented concisely, clearly, in accordance with the description and drawings, and must clarify new signs of the object that is sought to be protected.

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

1.3. Summary of inventions/useful solutions

- Summary of invention/utility solution must not exceed 150 words and must be separated into a separate page. The summary may have drawings and characteristic formulas. All drawings and typical formulas (if any) must be presented on only half of an A4 page and must be clear. The invention/utility solution summary is not required to be submitted at the time of application and can be added by the applicant later.

- Proof of 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 the Appendix. I of Decree No. 65/2023/ND-CP.

2. Other documents (if any)

- Power of attorney (if the invention/utility solution application is filed through an industrial property representation service organization);

- Documents proving registration rights (if benefited from someone else). For example: Certificate of transfer of application rights... (if any);

- Documents proving priority rights (if the patent application requires 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 Intellectual Property Law; Appendix I of Decree No. 65/2023/ND-CP]

 3. General requirements for registration application

- Each application may only request one protection title and the type of protection title requested must be consistent with the subject of the technical solution stated in the application;

- All application documents must be made in Vietnamese. For documents made in other languages ​​as prescribed in Article 100.2 of the Intellectual Property Law, they must be translated into Vietnamese;

- All documents must be presented vertically (only drawings, diagrams and tables can be presented horizontally) on one side of A4 sized paper (210mm x 297mm), especially for documents that are copies. Geographic area maps can be presented on A3 size paper (420mm x 297mm), with margins on four sides, each margin 20mm wide, in Times New Roman font, letters no smaller than size 13, except for supporting documents whose source is not intended to be included in the application;