Requirements for patent application in Vietnam

According to the Intellectual Property Office (IP Vietnam), from 2014 to 2023, the number of patent and utility solution applications in Vietnam increased by 9.8% annually. Currently, the demand for patent protection is growing. To obtain patent protection, the owner shall apply a patent application to the Intellectual Property Office. Regarding the requirements for patent application in Vietnam, Viet An Law Firm will provide advice to clarify these questions for clients in the article below.

Required documents for patent application

Minimum required documents

According to Article 100 of the Intellectual Property Law and Decree 65/2023/ND-CP, a patent application shall include at least the following documents:

• Patent registration form, typed according to Form 01, Appendix I of Decree 65/2023/ND-CP:
• Description of the invention/utility solution.
• Abstract of the invention/utility solution.
• Receipt for payment of state fees.

Note: For patent applications related to biotechnology/pharmaceutical technology, in addition to the general description requirements outlined above, the application shall also comply with the requirements in Section IV of Appendix I of Decree 65/2023/ND-CP.

Other documents (if any)

• Power of attorney, if the application is filed through a representative;
• Documents evidencing the registration right, if such right is acquired by the applicant from another person. For example, assignment of rights to submit the application (if any);
• Documents evidencing the priority right, if such right is claimed.
• Documents explaining the origin of the genetic resources or traditional knowledge related to genetic resources in the patent application, for inventions directly based on genetic resources or traditional knowledge related to genetic resources.

Requirements for patent application in Vietnam

Requirement on the uniformity of patent application

The patent application must ensure uniformity according to Article 101 of the Intellectual Property Law, specifically:

• Each patent registration application shall request the grant of only one protection title for a single patent object, except for the cases:
• Each registration application may request the grant of one invention patent or one utility solution patent for a group of inventions that are technically linked to form a single common inventive idea.

Requirements for documents in the patent application

According to Appendix I of Decree 65/2023/ND-CP, the documents in a patent application shall meet the following requirements:

• All the application documents shall be in Vietnamese. For documents written in other languages, according to Clause 2, Article 100 of the Intellectual Property Law, they shall be translated into Vietnamese;
• All documents must be presented in a vertical format (except for drawings, diagrams, and tables, which may be in a horizontal format) on A4 paper (210mm x 297mm), with margins of 20mm on all sides. The documents should be in Times New Roman font, with text no smaller than size 13, except for supplementary documents that are not meant to be included in the application.
• For documents that need to follow a specific template, the corresponding templates must be used, and all required information must be filled in the appropriate places.
• Each document, except for photographs and industrial design drawings, must have page numbers in Arabic numerals if it consists of multiple pages;
• Documents must be typed or printed with indelible ink, clearly and cleanly, without erasures or corrections. If a document has two or more pages, it must be bound with a seal from the applicant or the issuing authority (if applicable). In case of minor errors (such as typographical mistakes) found in documents already submitted to the Intellectual Property Office, the applicant may correct these errors. However, corrections must be signed (and sealed if applicable) by the applicant at the location of the correction;
• The terminology used in the application must be consistent and use common terms (not regional dialects, rare words, or invented terms). Symbols, units of measurement, fonts, and spelling conventions used in the application must adhere to Vietnamese standards;
• The application may include supplementary documents in the form of electronic data carriers containing part or all of the application documents.

Requirements for the patent description document

Documents identifying an invention registered for protection in an application for invention registration shall include a description of the invention and an abstract of the invention. The description of the invention consists of the description of the invention to be protected and drawings (if any), specifically:

The description of the invention

According to Clause 2, Article 102 of the Intellectual Property Law, the description of an invention must satisfy the following requirements:

• Fully and disclose the nature of the invention to the extent that such invention may be realized by a person with average knowledge of the art;
• Briefly explain accompanying drawings, if it is required, to further clarify the nature of the invention;
• Clarify the novelty, inventive step, and susceptibility of industrial application of the invention.

Claims for protection

• The claims for protection are presented separately after the description. The claims for protection are used to determine the scope of industrial property rights over the invention.
• The claims must be concise, clear, and consistent with the description and drawings, emphasizing the novel features of the subject matter to be protected.

Drawings, diagrams (if any)

Drawings and diagrams should be presented on separate pages.

Patent abstract

According to Clause 2, Article 102 of the Intellectual Property Law, the patent abstract must fully disclose the nature of the invention.

• The abstract of the invention/utility solution must not exceed 150 words and must be presented on a separate page.
• The abstract may include drawings and specific diagrams.
• All drawings and specific diagrams (if any) must be presented on no more than half an A4 page and should be clear.
• The abstract of the invention/utility solution is not mandatory at the time of filing, and the applicant may add it later.

What happens if the patent application does not meet the requirements?

According to point a, Clause 2, Article 109 of the Intellectual Property Law, an application shall be considered invalid if it does not fulfill the formal requirements. In this case, the Intellectual Property Office will handle the matter as follows:

• Issue a notice of intended refusal to accept the invalid application, clearly stating reasons and setting a time limit for the applicant to correct errors, or to object to such intended refusal;
• Issue a notice of refusal to accept the invalid application if the applicant fails to correct errors, improperly corrects errors, or fails to make a justifiable objection to such intended refusal;
• If the applicant properly corrects errors or makes a justifiable objection to the intended refusal to accept the invalid application, carry out procedures for granting a protection title and recording it in the National Register of Industrial Property.

Therefore, if there is a notice of intended refusal to accept the invalid application, the applicant should quickly correct the patent application to avoid rejection by the Intellectual Property Office.

Important notes on submitting a patent application

• Vietnamese organizations or individuals, foreign individuals residing in Vietnam, and foreign organizations or individuals with manufacturing or business establishments in Vietnam shall submit patent applications directly or through a legal representative in Vietnam.
• Foreign individuals not residing in Vietnam, and foreign organizations or individuals without manufacturing or business establishments in Vietnam shall submit patent applications through a legal representative in Vietnam.

Note: The patent application can be submitted in paper form to the Intellectual Property Office or electronically via the online application system.

Principles of patent application submission: First-to-File principle

According to Article 90 of the Intellectual Property Law, where two or more applications for registration are filed by different parties for the same invention, a protection title may only be granted to the valid application with the earliest priority or filing date amongst applications that satisfy all conditions for the grant of a protection title.

Where there are two or more applications satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, a protection title may only be granted to a single application from such applications with agreement from all applicants. Without such an agreement, all such applications shall be refused the grant of a protection title.

Priority principle

According to Article 91 of the Intellectual Property Law, in an application for registration of an invention, the applicant may claim the priority right based on different earlier filed applications, provided that the similarity between the contents of such earlier applications and the present application is indicated.

An applicant for registration of an invention, industrial design, or mark may claim priority based on the first application for registration of protection of the subject matter if the following conditions are fully satisfied:

• The first application was filed in Vietnam or a country that is a contracting party to a treaty of which the Socialist Republic of Vietnam is also a member, containing provisions on priority right, or in a country that has agreed with Vietnam to apply such provisions;
• The applicant is a citizen of Vietnam or of a country defined in sub-clause (a) of this clause, who resides or has a production or business establishment in Vietnam or another country;
• The claim for the priority right is clearly stated in the application, and a copy of the first application certified by the receiving office is enclosed.
• The application is filed within the time limit provided for in a treaty of which Vietnam is a member.

When submitting a patent application, the applicant should pay attention to the principles of submission and must submit accompanying documents such as documents proving the right to file and documents proving priority rights,…, to meet the requirements for the patent application.

Above is the advice of Viet An Law on the issue about requirements for patent application in Vietnam. Clients who have related questions or need legal support about this issue, please contact Viet An Law Firm for the best support!