Invention registration procedures in Vietnam (central level)

Invention registration procedures in Vietnam (central level) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Invention registration procedures (central level) are guided in Decision 3038/QD-BKHCN 2023 as follows:

1. Invention registration dossier (central level)

Invention registration dossier includes:

- Invention registration declaration according to Form No. 01 in Appendix I of Decree 65/2023/ND-CP;

- Invention description and invention protection request (01 copy, including drawings, if any);

- Invention summary (01 copy);

- Documents proving registration rights if the applicant benefits from another person's registration rights;

- Documents proving priority rights, if there is a request for priority rights (copy of the first application (applications) certified by the receiving agency, except PCT applications);

- Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the invention application for inventions directly created based on genetic resources or traditional knowledge about genetic resources;

- Power of attorney (if applying through a representative);

- Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office's account).

For a confidential invention registration application, in addition to the documents mentioned above, the applicant needs to submit a document certifying that the subject matter registered in the application is a state secret according to the provisions of the law on the protection of state secrets.

2. Invention registration procedures in Vietnam (central level)

- Step 1: Receive application

Organizations and individuals submit 01 set of invention registration documents to the National Office of Intellectual Property.

- Step 2: Verify the application form

Check the compliance with formal regulations for the application, thereby drawing a conclusion about whether the application is considered valid or not (make a decision to accept the application as valid/refuse to accept the application). Invention registration applications are formally assessed by the National Office of Intellectual Property within 01 month from the date of receipt of the application.

+ In the event that the application is valid, the National Office of Intellectual Property shall issue a decision to accept the valid application, which must clearly state the name and address of the applicant and the name of the authorized representative (if any) and information about the subject stated in the application, including the application filing date, application number, and priority date, and sent to the applicant. In the event that the request for priority rights is not accepted, the application will still be validly accepted unless the application has other shortcomings that affect the validity of the application and the decision must clearly state the reason for not accepting the request for priority rights;

+ In case the application is invalid, the National Office of Intellectual Property issues a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 2 months. for the applicant to give comments or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/no objections/unwarranted objections within the set time limit, the National Office of Intellectual Property issues a decision to refuse to accept the application and sends it to the applicant;

+ In case the applicant proactively requests to amend or supplement the application or responds to a notice from the National Office of Intellectual Property, the formality appraisal time limit is extended by 10 days.

- Step 3: Announce the application

+ The invention application is published in the nineteenth month from the priority date or filing date, if the application does not have a priority date;

+ Invention 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 valid application, whichever is later;

+ Confidential invention applications are not published in the Industrial Property Official Gazette.

- Step 4: Appraise the content of the application

+ Conducted when there is a request to appraise the content of an invention registration application expressed in writing according to the form specified in Appendix I of Decree 65/2023/ND-CP or expressed in the invention application declaration (if such request is made immediately upon filing);

+ Evaluate the compatibility of the subject matter stated in the application with the type of protection title requested to be granted;

+ Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions (novelty, level of creativity, industrial applicability), thereby determining the corresponding scope of protection. The assessment is conducted in turn according to each point stated in the scope of protection (claim).

+ Check the first-to-file rule.

- Step 5: Make a decision to grant/refuse to grant a protection title

+ If the object requested for protection stated in the application does not meet the protection conditions or falls into the cases of refusal to grant a protection title specified in Article 117 of the Intellectual Property Law or meets the protection conditions but the application still has shortcomings, the National Office of Intellectual Property shall issue a notice of results of content appraisal, which clearly states the intention to refuse to grant a protection title, reasons for refusal or shortcomings of the application, can guide the modification of the scope (volume) of protection, and set a deadline of 03 months from the date of issuance of the notice for the applicant to comment;

+ If at the end of the above time limit, the applicant does not correct the errors, the correction is unsatisfactory, has no objections, or has objections that are not valid within 15 days from the end of the time limit mentioned above, the National Office of Intellectual Property shall issue a Decision to refuse to grant a protection title.

+ If the object requested for protection stated in the application partially meets the protection conditions calculated according to the protection request point, the National Office of Intellectual Property shall issue a notice of the results of content appraisal, which clearly states the intention to grant a protection title to the part that meets the protection conditions on the condition that the applicant amends the application to meet the requirements, the reason for refusing to grant the part that does not meet the requirements and sets a deadline of 03 months. from the date of notification so that the applicant can give written opinions on agreeing and amending the application or objecting to the results of substantive examination.

+ If the object requested for protection stated in the application meets the protection conditions or the applicant has corrected errors satisfactorily or has a valid explanation of the results of content appraisal and/or amendments to the application. Upon request, the National Office of Intellectual Property issues a notice of substantive appraisal results, stating the intention to grant a protection title to the whole or part that meets the protection conditions; and sets a deadline of 3 months from the date of notification for the applicant to pay the fee for granting a certificate of protection, the fee for announcing the decision to grant a certificate of protection, the fee for registering the decision to grant a certificate of protection, and the fee for maintaining validity and fees for using the first year of protection title for the invention.

+ If at the end of the above time limit, the applicant does not make changes or has no objection, then within 15 days from the end of the above time limit, the National Office of Intellectual Property issued a decision to refuse to grant a protection title.

+ If at the end of the time limit specified above, the applicant amends the application unsatisfactorily or has objections that are not valid, the National Office of Intellectual Property announces the results of the substantive examination, clearly stating the intention to grant a protection title to the part that meets the protection conditions, provided that the applicant amends the application to meet the requirements and sets a period of 03 months from the date of notification for the applicant to amend the application.

In case the applicant has amended the application to meet the requirements, within 03 months from the date the applicant amended the application, the National Office of Intellectual Property notifies the applicant of the intention to grant a protection title, payment of the fee for granting a protection title, fee for announcing the decision to grant a protection title, and registration fee for the decision to grant a protection title, fees for maintaining validity and fees for using the first year of protection title for inventions, and sets a period of 03 months from the date of notification for the applicant to pay those fees and charges.

+ If the applicant amends the application that does not meet the requirements, does not amend the application, or does not pay the fee for granting a protection title, the fee for announcing the decision to grant a title of protection, or the registration fee for the decision to grant a title of protection within the time limit specified above, within 03 months from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to refuse to grant a protection title.

+ If the applicant fully and promptly pays all fees and charges as prescribed, within 15 days from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to grant a protection title. If, within the prescribed time limit, the applicant has fully paid the fee for granting a certificate of protection, the fee for announcing the decision to grant a title of protection, and the fee for registering the decision to grant a title of protection, but if you do not pay the fee for maintaining the validity and the fee for using the first year of protection of the invention invention or utility solution invention, that certificate will still be granted, but its validity will be terminated immediately after issuance.

- Step 6: Announce and register the decision to grant a protection title.

+ Decision to grant a invention for invention/utility solution published by the National Office of Intellectual Property in the Industrial Property Official Gazette within 60 days from the date of the decision and recorded in the National Register of Industrial Property according to regulations;

+ Confidential invention protection titles are not published in the Industrial Property Official Gazette.

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