Initiating the intellectual property protection process requires meticulous attention to detail, with using the correct, up-to-date patent application form in Vietnam being a decisive first step. Submitting an obsolete template or omitting required statutory information remains one of the most common reasons why applications face formal rejections from the IP Authority. In this comprehensive guide, Viet An Law provides step-by-step instructions on accurately completing the official form in full compliance with current legal regulations, ensuring a seamless start to your patent prosecution process.
Patent application form in Vietnam
To ensure consistency in state management regarding intellectual property, the system of forms is continuously updated by law. The use of the correct, currently valid form is mandatory for all parties involved.
Specifically, pursuant to Point a, Clause 1, Article 11 of Vietnamese Circular 10/2026/TT-BKHCN, applicants are required to use the patent registration declaration form specified as Form No. 01 in Appendix I of said Circular when submitting their dossiers. Any unauthorized alteration of the declaration’s structure or the use of obsolete forms will result in the submission being deemed formally invalid.
Guide to accurately completing the patent application form in Vietnam
Filling out a patent application requires absolute precision regarding terminology and information. Below are detailed instructions on how to complete the most critical information fields:
International Patent Classification (IPC)
- The International Patent Classification (IPC) (based on the Strasbourg Agreement) is a detailed hierarchical system designed to categorize technical solutions into specific fields (e.g., chemistry, mechanics, metallurgy, electricity, physics, etc.).
- This systematization plays a pivotal role, enabling examiners to easily narrow down the scope and search for the state of the art regarding an invention on a global scale. To ensure the validity of the application, the classification process must adhere to the following principles:
- Pursuant to Clause 4, Article 12 of Circular 10/2026/TT-BKHCN, in the “International Patent Classification” section, the applicant must accurately state the classification symbol for the technical solution seeking protection, based on the latest classification schedule published in the Industrial Property Gazette.
- The classification notation must fully reflect the hierarchy from macro to micro levels, comprising: section, class, subclass, and group (main group or subgroup).
In cases where the inventor encounters difficulty determining the classification code – resulting in the section being left blank or filled in incorrectly – the National Office of Intellectual Property (NOIP) will proactively perform the classification.
However, when the state agency is required to perform this classification on the applicant’s behalf, the applicant is obliged to pay an additional classification service fee as prescribed by regulations.
Declaring applicant and inventor information
The information provided in this section must correspond exactly with state-recognized personal or legal entity identification documents:
- For inventors: Accurately provide the details of the person who directly created the invention through their own intellectual effort.
- For individual applicants: Provide full name, permanent address, identification number, phone number, and contact email.
- For organizational applicants: The organization’s name must be stated exactly as it appears on the Enterprise Registration Certificate or the establishment decision.
Claiming priority right
If the applicant wishes to claim priority based on previously filed applications (under the Paris Convention or other international treaties), the following points regarding the declaration should be noted:
- Correctly check the box on the application form requesting priority.
- Provide full and accurate details regarding the original application number, the filing date of the original application, and the country where the original application was filed.
Comparative table for declaring information between individuals and organizations in Vietnam
To avoid confusion when identifying the parties on the declaration form, the table below outlines the key differences to consider when filing:
| Criteria | Application for individuals | Application for organizations/enterprises |
| Identification | Mandatory to clearly declare the Citizen Identification Card/ID number. | Mandatory to clearly declare the Tax Code or Budget Relationship Code (for state agencies). |
| Representative status | Sign directly or execute through an authorized individual/organization. | Mandatory to execute through the legal representative of the organization or an authorized individual/organization. |
| Signature and seal | The individual only needs to sign and write their full name clearly. | The legal representative must sign, state their position clearly, and affix the legal entity’s seal (if any). |
Important notes when completing the application form of patent registration in Vietnam
To ensure the declaration is accepted and processed promptly, the formatting of the document is of critical importance. Applicants should carefully review the following regulations:
Regulations on presentation format and style
The drafting of application documents, including the declaration form, must strictly adhere to the standards for administrative documents prescribed in Clause 1, Article 12 of Circular 10/2026/TT-BKHCN:
- Language: The declaration form and mandatory transaction documents must be prepared in Vietnamese.
- Style and terminology: Terminology used in the application must be consistent and standard; the use of local dialects, rare words, coined terms, or slang is strictly prohibited.
- Page formatting: Documents must be presented in portrait orientation on one side of A4 paper (dimensions: 210mm x 297mm).
- Margins and font: Documents must have margins of 20mm on all four sides, use the Times New Roman font, and a font size of no less than 13.
- Page numbering: For multi-page documents, each page must be numbered using Arabic numerals.
- Electronic submission: For applications submitted electronically via the system, documents must be formatted as “.pdf” files.
Regulations on signing, affixing seals, and correcting errors
The processes for signing, approving, and correcting errors on declaration forms are strictly regulated to prevent document forgery or data discrepancies:
- Documents must be typed or printed using indelible ink and presented clearly and neatly; erasures or patchwork alterations are prohibited, in accordance with Point c, Clause 1, Article 12 of Circular 10/2026/TT-BKHCN.
- For documents requiring signatures and seals that span two or more pages, the applicant or issuing agency must sign each page or affix an overlapping seal across the pages to ensure the document’s integrity.
- If minor spelling errors are detected prior to the application’s acceptance, the applicant is permitted to make direct corrections on the document. However, the applicant must sign (and seal, if applicable) next to the correction, and the alteration must not obscure the original content.
- When submitting applications electronically, individuals may use a digital signature to sign directly on the document file, or provide a wet signature on a paper document and submit a color scan via the VNeID application, in accordance with Point d, Clause 1, Article 12 of Circular 10/2026/TT-BKHCN.
FAQ about the application form for patent registration in Vietnam
Where is the current patent application form prescribed?
According to Point a, Clause 1, Article 11 of Circular 10/2026/TT-BKHCN, the current patent application form is Form No. 01 in Appendix I issued with this Circular.
Will my application be rejected if I do not know how to classify my invention according to the international classification system?
Pursuant to Clause 4, Article 12 of Circular 10/2026/TT-BKHCN, if you fail to classify the invention or classify it incorrectly, the Intellectual Property Office of Vietnam will perform the classification on your behalf; however, you will be required to pay an additional classification service fee.
Is it permissible to fill out the patent application form by hand?
Pursuant to Point c, Clause 1, Article 12 of Circular 10/2026/TT-BKHCN, documents submitted to state agencies must be typed or printed using indelible ink.
If there is a spelling error in my paper application form, may I use correction fluid to fix it?
You must not use correction fluid or mechanical erasures. According to Point c, Clause 1, Article 12 of Circular 10/2026/TT-BKHCN, for minor spelling errors, you may make corrections directly but are required to sign (and affix a seal, if applicable) right at the location of the correction in a manner that does not obscure the content.
Can a digital signature be used on the patent application form?
Point d, Clause 1, Article 12 of Circular 10/2026/TT-BKHCN stipulates that the applicant may use a digital signature to sign directly on a “.pdf” electronic document or sign a paper document and then scan it in color for submission via VNeID.
The above information outlines updates regarding the latest patent application form in Vietnam. Clients wishing to register a patent are encouraged to contact Viet An Law for optimal assistance.
