✅ Steps to file a patent application in Vietnam
Step 1: Assess the possibility of protection (recommended)
Search for published patents worldwide
Evaluate novelty, inventive step, industrial applicability
→ Helps reduce the risk of rejection in substantive examination.
Step 2: Prepare a patent application
The application includes mandatory documents (full list below).
Step 3: Submit application to the National Office of Intellectual Property
Submit directly in Hanoi, or representative office in HCM/Da Nang
Or submit online (electronic submission)
Step 4: Formal examination (01 month)
Check the validity of the application
If valid → issue Notice of acceptance of application
If missing → request for amendment/supplement
Step 5: Publish the application (within 19 months from the priority date/filing date)
The application is published in the IP Gazette
Step 6: Submit a request for substantive examination
Can be submitted immediately upon filing, or at the latest 42 months (for inventions) / 36 months (for GPHIs) from the priority date.
Step 7: Substantive examination (18 months)
The National Office of Intellectual Property assesses:
Is the invention novel?
Is there an inventive step?
Is it industrially applicable?
→ A “Notice of Substantive Examination” may be issued requesting clarification, amendment or narrowing of the scope of protection.
Step 8: Granting Patent
After paying the patent fee, registration fee, and publication fee
The patent is granted and publicly posted
📌 Documents to prepare when submitting a patent application
1. Patent description (required)
Includes all 5 parts according to the law:
Invention name
Technical field
Technical status of the invention (prior art)
Technical nature of the invention (novelty + technical advantages)
Detailed description of the technical solution
→ If there are drawings, each figure must be clearly described.
2. Claims (required)
Define the scope of exclusive rights
Must be clear, complete, supported by the description
3. Patent abstract
About 150 words
Used for publication in the Official Gazette
4. Patent drawings (if required)
Clear technical drawings
No coloring
Correct symbols according to standards
5. Power of Attorney (POA)
Signed, no notarization required
I provide the standard form of the National Office of Intellectual Property
6. Documents proving the right to file an application (if the owner is an organization)
Labor contract
Decision on assignment of tasks or design contract
→ Proof that the company has the right to file an application on behalf of the author.
7. Priority documents (if requesting priority rights)
Certified copy of the first application according to the Paris Convention
Vietnamese translation (if required)
