- Vietnamese organizations, individuals have the right to hand in the application by themselves. They can opt to file the application through an intermediary service of an industrial property service representing agency
- Oversea organizations, individuals that do not reside or have legal representatives, trading offices in Vietnam can file the application through an industrial property service representing agency
- Registration fees can be paid in cash, by check or by authorization to the NOIP
The charges and fees for application
To register a patent/utility solution, applicant should pay following charges and fees:
+ Application filing fees
+ In case there are more than 5 pages in the Description, fees from the sixth page: 10.000 VND each page
+ Fees for application publicizing: 150.000VND
+ In case there are more than one image in the application, fees for each image from the second one: 50.000 VND
+ Fees for substantive examination: 350.000 VND for each object
+ Fees for registering, issuing exclusive certificate: 200.000 VND for each object
+ Fees for publicizing exclusive patent/utility solution certificate
+ Fees for maintain effect of exclusive certificate: paid once a year and increasing for each time paid (for example: fees for the first and second year are 250.000 VND for each; the third and forth year are 400.000 VND for each…)
Application examination process
- Filing application
- Formality examination
+ Application for a patent/utility slution registration will have to go through formality examation stage in order to define whether it meet the requirements to be accepted. If it does conform with all requirements, the NOIP will confirm the application date, application number, application priority date and give the applicant a notice of accepting application.
+ Requirements for an application to be accepted: general requirements, concrete requirements of formality, and unity of industrial property application requirement
+ Time limitation for formality examination stage is 01 month from the application date.
- Application publicizing
Every patent/utility solution application that is accepted will be publicized in Industrial property gazette. This gazette is monthly printed and published. Anyone that need information can order a copy of the gazette from NOIP and pay money for it or copy fees of patent/utility solution ‘s description.
- Substantive examination
+ Substantive examination will be carried out only if there is a request of such examination from the applicant or third person; provided that such request is filed to the NOIP in 42 months from priority date (for patent application) or 36 months from priority date (for utility solution). In those period, if there is no Request, application shall be considered not to be field. Those who request a substantive examination have to pay regulated fees
+ The aim of substantive examination stage is to examine whether the objects listed in the application meet the protection standards stipulated by law
- Issuing patent/utility solution registration certificate and registering
+ Basing on the result of substantive examination, if the objects listed in application sastify protection standards, the NOIP will send the applicant a notice of substantive examination result and order registering fee, trademark registration certificate issuing fee, protection certificate fee and effect maintaining fees for the first and second year.
+ Provided that applicant pays all the above fees, the NOIP will carry out procedure of issuing protection certificate to applicant, registering and publicizing such certificate. If applicant does not pay such fees, application will be considered to be retracted.