FAQS

✅ 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)
✅ Steps to register copyright
Step 1: Determine the type of work
Applied art work (logo, packaging…)
Software
Literary work
Musical work
Photographic work
Architectural work…
→ Determining the correct type helps to prepare the correct application.
Step 2: Prepare the application
Including the required application (details below).
Step 3: Submit the application
Submit to the Copyright Office or Representative Office in Ho Chi Minh City/Da Nang
– submit in person, by post or online (for some types of applications).
Step 4: Document appraisal
State agency checks:
Is the document valid or not
Is there enough basis to establish rights
Is the work protected or not
Step 5: Granting Copyright Certificate
According to the law: 15 working days if the document is valid
In practice: usually 30–45 days, can be extended to 51 days
📌 Documents required when registering copyright
Depending on the type of work, but generally include:
1. Sample work
Logo/design: JPG/PNG/PDF file + color print
Software: 20–30 pages of source code + function description
Artistic work: detailed photo
Literary work: complete manuscript
Photo: original photo file
→ Important requirement: The work must be shaped, that is, created and expressed in a physical form.
2. Author and owner information
Full name, date of birth, nationality
Contact address
Business information (if the owner is a company)
In case there are multiple authors → list them all
3. Guarantee letter
Commitment that the work is the author’s creation
No copying, no infringement of copyright of others
4. Decision to assign work / Creative lease contract (if the owner is an organization)
Proof that the company has the right to submit the application.
5. Power of attorney (POA)
If submitting through a representative
Just need to sign, no need to notarize/authenticate
6. ID card/CCCD or Business Registration Certificate
Scan or copy of the author and applicant.
In the patent examination, the Intellectual Property Office uses reference documents (prior art, cited documents) such as published patents, published patent applications, scientific articles, technical documents, catalogs or any information that has been made public before the filing date.
These documents are denoted as D1, D2, D3… in the examination report and are used to assess the novelty, inventive step, and industrial applicability of the invention.
❓ What to do if reference documents are cited?
When the Intellectual Property Office cites documents D1, D2…, you can choose one or a combination of the following options:
Submit a counter-argument – ​​explain that the invention is still new, not obvious, and has a different technical effect compared to the reference documents.
Amend the claim (claim amendment) – narrow or clarify the scope of protection to avoid duplication with prior art.
Submit supporting documentation – such as test data, evidence of superior technical performance.
Appeal if there is a Formal Rejection Decision.
✅ What is a cited mark?
A cited mark is a previously filed or registered trademark that is presented by the Intellectual Property Office for comparison with your trademark during the substantive examination process.
If the Office believes that your trademark is identical or confusingly similar to the cited mark, they will intend to refuse or formally refuse your application.
✅ What to do if you encounter a cited mark?
When you receive a Notice of Intended Refusal due to a cited mark, you can choose one of the following options:
1️⃣ Submit a written explanation (oppose the refusal)
Argue that your trademark is different from the cited mark based on:
Text structure
Pronunciation
Meaning
Illustration
Product/service category
→ This is the most common option.
2️⃣ Modify the list of products/services
Remove goods/services that are identical or too close to the reference.
→ Reduce conflicts, increase the possibility of acceptance.
3️⃣ Request the reference owner’s consent (Letter of Consent)
Not required under Vietnamese law, but sometimes considered by the Office.
Depending on the goodwill of the reference owner.
4️⃣ Appeal the Rejection Decision (if officially rejected)
File the first appeal to the National Office of Intellectual Property.
If it is rejected again, you can appeal the second appeal to the Ministry of Science and Technology.
5️⃣ Change the trademark and file a new application
If the possibility of passing is low, you can file a new application with a different name/logo.
🔍 When is the risk of being blocked due to the reference high?
100% identical text or image trademark
Similar pronunciation
Similar or similar meaning
Used for the same or similar group
The owner of the reference is a large brand with a strong brand chain

1. Steps for filing a trademark application in Viet Nam

Step 1: Trademark search (recommended)

  • Conduct a search to check whether the trademark is identical or confusingly similar to earlier-filed or registered marks.

  • Assess the risk of refusal.

Step 2: Prepare the application dossier
The dossier generally includes:

  1. Trademark application form (in the prescribed form of IP Viet Nam);

  2. Trademark specimen (in the exact form and colours to be protected);

  3. List of goods/services classified under the Nice Classification;

  4. Power of Attorney (POA), if the application is filed through an IP representative;

  5. Receipt of payment of official fees and charges;

  6. Documents proving the right to file the application (if the right is acquired by assignment, inheritance, or from an employer, etc.);

  7. Priority documents, if a priority right is claimed.

Step 3: File the application

  • File with the Intellectual Property Office of Viet Nam (IP Viet Nam) or its representative offices in Ho Chi Minh City or Da Nang.

  • Filing methods: in person, by post, or via the online filing system.

Step 4: Formality examination (about 1–2 months)

  • Examination of the completeness and formal validity of the application.

  • If the application is valid → Notification of acceptance as a valid application.

  • If there are defects → Notification requesting amendment or supplementation.

Step 5: Publication of the application (within 2 months)

  • The application is published in the Official Industrial Property Gazette.

Step 6: Substantive examination (about 9–12 months)

  • Assessment of distinctiveness and registrability:

    • Not identical or confusingly similar to prior marks;

    • Not descriptive or deceptive;

    • Not contrary to public order or prohibited signs.

  • The IP Office may issue a Notification of intended refusal, to which the applicant can respond with arguments and/or amendments.

Step 7: Grant of the Registration Certificate (about 1–2 months)

  • After payment of the registration fee, recordal fee and publication fee,

  • The Trademark Registration Certificate is issued.

2. Information and documents to be provided by the client

  1. Trademark specimen

    • In JPG/PNG/PDF format, in the exact colours to be protected.

  2. List of goods/services

    • Clear list of products and/or services for which the trademark will be used.

  3. Applicant’s details

    • Full name of the applicant (as per Business Registration Certificate or passport);

    • Full address;

    • Tax code (if any);

    • Country of incorporation or nationality.

  4. Power of Attorney (POA)

    • Signed by the applicant (normally no notarisation required, unless specifically requested by law or in special cases).

    • The IP representative will provide the standard POA form.

  5. Other supporting documents (if applicable)

    • Documents proving the right to file the application (assignment agreements, employment contracts, etc.);

    • Certified copies of the earlier application(s) if a priority right is claimed.

Processing Time for Industrial Design Applications
  • Formal Examination: 01 month
  • Publication of application: within 02 months from the date of acceptance of valid application
  • Substantive Examination: about 07–09 months from the date of publication of application
  • Issuance of Certificate: about 01–02 months after payment of the issuance fee
👉 Average total time: 10–14 months to be granted an Industrial Design Patent (if there are no amendments, deficiencies or rejections).
  • This is the first-to-file principle in intellectual property law.
  • When two or more people want to register for protection of the same subject (e.g., the same trademark, the same invention, the same design, etc.), the state agency will give priority to the person who submitted a valid application first.
  • Who “thought of it first” or “used it first” is often not as important as when the application was filed, except in some special cases prescribed by law.
An easy-to-understand example:
If A and B both want to register the trademark “SUNLEAF” for tea:
A uses that trademark first in the market but has not yet filed an application.
B does not use it, but files an application before A.
In a first-to-file system like Vietnam, B will usually have a higher chance of being granted a patent than A, because B filed the application first, as long as the application meets the protection conditions and there are no special grounds for refusal.
Processing Time for Patent Applications
  • Formal Examination: 01 month
  • Publication of the application: within 19 months from the priority date or the filing date
  • Substantive Examination:
  • If the request for substantive examination is filed early: approximately 18 months from the date of receipt of the request
  • If the request is filed late: approximately 18 months from the date of publication
  • Issuance of the Patent: 1–2 months after payment of the licensing fee
👉 Average Total Time: About 24–36 months to obtain a Patent (if there are no objections, amendments or refusals).
Processing time for a trademark application in Vietnam:
  • Formal examination: 1–2 months
  • Publication of application: within 2 months from the date of acceptance of valid application
  • Substantive examination: 9–12 months from the date of publication of application
  • Issuance of certificate: 1–2 months after payment of the certificate fee
👉 Average total time: about 12–18 months to be granted a Certificate of Trademark Registration (if there is no amendment, objection or refusal).
  • Trademarks, inventions, industrial designs, utility solutions: received and assessed by the National Office of Intellectual Property (IP Viet Nam), Ministry of Science and Technology.
  • Copyright: received and resolved by the National Office of Copyright, Ministry of Culture, Sports and Tourism.
0917913266

Contact with Us