HỒ SƠ ĐĂNG KÝ SÁNG CHẾ GỒM NHỮNG GÌ TẠI VIỆT NAM?

WHAT DOCUMENTS ARE REQUIRED FOR PATENT REGISTRATION IN VIETNAM?

In practice, many patent applications are:

Rejected on formal grounds;
Delayed for extended periods;
Required to be amended multiple times;

Because the application documents do not comply with intellectual property regulations.

Preparing a complete and accurate patent application dossier helps:

Increase the likelihood of acceptance;
Save processing time;
Reduce legal risks;
Optimize patent protection strategies.

Under Vietnamese Intellectual Property Law and current implementing regulations, a patent application dossier must include several important technical and legal documents.

What Is an Invention?

An invention is a technical solution in the form of:

A product; or
A process

Intended to solve a specific problem by applying natural laws.

An invention may be protected in the form of:

An Invention Patent; or
A Utility Solution Patent.

To be protected, an invention must satisfy the following conditions:

Novelty;
Inventive step (for inventions);
Not common knowledge (for utility solutions);
Industrial applicability.

What Does a Patent Application Dossier Include?

1. Patent Application Declaration Form

This is a mandatory document in every patent application.

The declaration form must follow the format prescribed by the Intellectual Property Office of Vietnam and include information such as:

Title of the invention;
Applicant information;
Inventor information;
Patent owner information;
Priority claims (if any);
Requested type of protection.

The declaration form must:

Be properly signed;
Contain accurate information;
Be consistent with other documents in the dossier.

Errors in this section may result in:

Deficiency notices;
Requests for amendment;
Refusal of the application.

2. Patent Specification

This is the most important document in a patent application.

The specification must fully and clearly disclose the technical nature of the invention so that a person having ordinary skill in the relevant technical field can carry out the invention.

The specification typically includes:

Title of the invention;
Technical field;
Background art;
Objectives of the invention;
Technical essence;
Description of drawings;
Embodiments;
Implementation examples;
Technical advantages.

In practice, many patent applications are rejected because:

The specification is insufficient;
The claim scope is overly broad;
The technical logic is unclear;
Technical effects are not adequately demonstrated.

3. Patent Claims

The claims define the scope of exclusive rights requested by the applicant.

This section is critically important because it:

Determines the scope of exclusivity;
Directly affects the likelihood of grant;
Impacts the commercial value of the invention.

Patent claims must be:

Clear;
Precise;
Technically supported;
Consistent with the specification.

Drafting patent claims usually requires advanced expertise in:

Technology;
Patent law;
Patent examination practice.

4. Abstract of the Invention

The abstract helps:

Briefly introduce the invention;
Serve publication purposes.

Typically, the abstract:

Does not exceed 150 words;
Is presented on a separate page;
Is not used to determine the scope of protection.

5. Drawings or Technical Illustrations (if any)

For many inventions, especially in fields such as:

Mechanical engineering;
Electronics;
Technical equipment;
Biomedical technology;
Industrial manufacturing;

Technical drawings are extremely important to:

Clarify structures;
Describe operating principles;
Explain technical solutions.

The drawings should be:

Clear;
Technically compliant;
Consistent with the specification.

6. Power of Attorney (if filed through an IP representative)

If the applicant uses the services of an industrial property representative organization, a valid power of attorney is required.

For:

Foreign individuals;
Foreign organizations without a commercial presence in Vietnam;

Filing through a Vietnamese IP representative is generally mandatory under Vietnamese law.

7. Documents Proving the Right to File (if any)

In certain cases, additional documents may be required, such as:

Assignment agreements;
Work assignment decisions;
Employment contracts;
Inheritance documents;
Transfer documents.

These documents are intended to prove: the applicant’s lawful right to the invention.

8. Priority Documents (if any)

If the applicant claims priority under:

The Paris Convention;
An earlier foreign application;

Then the following documents are required:

Certified copy of the priority application;
Translations;
Related supporting documents.

9. Proof of Payment of Fees and Charges

The patent application must include:

Proof of fee payment;
Official state fees.

Typical fees include:

Filing fees;
Formality examination fees;
Publication fees;
Search fees;
Substantive examination fees;
Patent grant fees.

Important Considerations When Preparing Patent Application Documents

1. Consistency of Information

Information relating to:

The invention title;
The applicant;
The inventor;
Priority claims;

Must be consistent throughout the entire dossier.

2. Do Not Publicly Disclose the Invention Before Filing

Premature disclosure may destroy:

Novelty;
Patentability.

This is a very common mistake.

3. The Patent Specification Should Be Professionally Prepared

This document largely determines:

The likelihood of patent grant;
The scope of exclusivity;
The commercial value of the invention.

4. Patent Searches Should Be Conducted Before Filing

Conducting prior searches helps:

Assess novelty;
Evaluate patentability;
Reduce the risk of rejection.

Where to File Patent Applications in Vietnam?

Applicants may file patent applications at:

The headquarters of the Intellectual Property Office of Vietnam in Hanoi;
The representative office in Ho Chi Minh City;
The representative office in Da Nang;
The online public service portal;
Via postal service.

Patent Application Processing Time

Typically, patent applications go through the following stages:

Formality examination;
Publication;
Substantive examination;
Patent grant.

The total processing time may take several years depending on the specific case.

Common Mistakes When Preparing Patent Application Documents

Many applications are rejected because:

Technical descriptions are incomplete;
Claims are inappropriate;
Required documents are missing;
Inventions are disclosed too early;
No prior patent search is conducted;
The wrong type of protection is selected.

Patent Registration Services at ADVN Law

ADVN Law provides support for:

Patentability searches;
Patent registration strategy consultation;
Drafting patent specifications;
Preparing patent claims;
Preparing patent application documents;
Filing patent applications in Vietnam;
International patent filing under the PCT system;
Handling deficiency notices;
Responding to office actions from the Intellectual Property Office of Vietnam.

We support clients in various fields, including:

Mechanical engineering;
Electrical and electronics;
AI and software;
Medical devices;
Biotechnology;
Industrial manufacturing;
Cosmetics and chemicals;
Food technology.

Frequently Asked Questions

Must Patent Application Documents Be in Vietnamese?

Yes. Patent applications filed in Vietnam generally must be prepared in Vietnamese.

How Important Is the Patent Specification?

It is the most important document in a patent application.

Are Technical Drawings Mandatory?

Not in every case, but many inventions require drawings to clarify the technical solution.

Can Applicants File Patent Applications by Themselves?

Yes. However, preparing patent application documents is usually complex and requires specialized expertise.

How Many Copies of the Patent Application Dossier Are Required?

Applicants typically need to prepare documents according to the current regulations of the Intellectual Property Office of Vietnam.

Contact ADVN Law for Patent Consultation

If you require consultation regarding the preparation of patent application documents in Vietnam or internationally, please contact ADVN Law for detailed assistance.