Inventions Eligible & Ineligible For Protection

Patent application in Vietnam

The following are required to be submitted to the Vietnam Patent Office:

  • Request for patent for invention made in the prescribed form;
  • Specification of the invention, including description and claims;
  • Abstract of the invention;
  • Document attesting the entitlement to file an application if the applicant has been assigned that right from another person;
  • Priority document if priority is claimed (i.e. a copy of the first application(s) certified by the receiving office);
  • Power of Attorney (if the application is filed through a representative); and
  • Filing fee receipt.

Requirements on applications for registration of inventions in Vietnam:

For PCT application:

  • Name, address and nationality of applicant/inventor;
  • Information on the PCT application number or WIPO’s publication number;
  • Copy of amended patent specification (if any) for national phase entry;
  • Signed Power of Attorney of applicant appointing patent agent in Vietnam; and
  • Signed Deed of Assignment, if applicant is not that of the international application.

Notes:

  • Language of filing: Vietnamese;
  • Original documents (iv) and (v) are required within 34 months from priority date. Notarization is not required; and
  • National phase deadline under both Chapter I and Chapter II is 31 month from priority date.

For Non-PCT application:

  • Name, address and nationality of applicant/inventor;
  • Copy of patent specification (in English);
  • Priority document where priority is claimed. Priority data (application number, filing date and country) is required at filing;
  • Signed Power of Attorney from applicant appointing patent agent in Vietnam; and
  • Signed Deed of Assignment, requested only if: (a) Applicant is individual not the inventor; or (b) Applicant is organization not the applicant of the priority application.

Notes:

  • Language of filing: Vietnamese;
  • Originally certified copy of document (3) is required within 03 months from filing date;
  • Original document (4) is required within 01 month from filing date. Notarization is not
  • required; and
  • Original document (5) is preferably submitted within 01 month from filing date. Notarization is not required.