WHY ARE MANY PATENT APPLICATIONS REJECTED IN VIETNAM?
Under Vietnamese Intellectual Property Law, a technical solution must satisfy all of the following conditions to be protected as a patent:
- novelty;
- inventive step;
- industrial applicability.
In addition, the patent application must also comply with strict formal and substantive requirements.
Common Reasons Why Patent Applications Are Rejected
- Lack of Novelty
This is the most common reason for patent rejection.
An invention is considered novel only if, before the filing date or priority date, it has not:
- been publicly disclosed anywhere in the world;
- appeared in patent documents;
- been publicly used;
- been described on the internet, at conferences, or in scientific publications.
Situations That Commonly Destroy Novelty
- Publicly disclosing the invention before filing;
- Displaying products at exhibitions;
- Uploading demo videos to social media;
- Publishing scientific research papers;
- Sharing technical information with partners without an NDA.
In many cases, the inventor unintentionally destroys the patentability of the invention.
- Lack of Inventive Step
Under the law, an invention is not considered inventive if:
the technical solution is obvious to a person having ordinary skill in the relevant technical field.
Examples
- Merely changing ordinary dimensions;
- Simple material substitution;
- Combining known techniques without unexpected effects;
- Minor routine improvements.
This is one of the main reasons many patent applications are rejected during substantive examination.
In some cases, the solution may be more suitable for protection as:
- a utility solution;
- a trade secret;
- an industrial design.
- Lack of Industrial Applicability
An invention must be capable of:
- being manufactured;
- being produced;
- being repeatedly applied;
- producing stable results.
If the solution:
- cannot actually be implemented;
- is merely theoretical;
- cannot be reproduced it may be rejected.
- Subject Matter Excluded from Patent Protection
Many applications are rejected because the claimed subject matter falls into categories excluded from protection under Article 59 of the Vietnamese Intellectual Property Law.
Examples
- business methods;
- pure algorithms;
- pure computer programs;
- medical treatment methods;
- scientific theories;
- mathematical methods;
- methods of presenting information.
This issue is particularly common in:
- technology startups;
- AI-related inventions;
- software;
- fintech;
- edtech.
- Inadequate Patent Specification
The patent specification is one of the most important documents in a patent application.
Many applications are rejected because:
- the description is insufficient;
- the scope of protection is unclear;
- implementation examples are missing;
- technical logic is inconsistent;
- claims are overly broad;
- technical terminology is inaccurate.
Under Vietnamese intellectual property law, the specification must enable:
a person having ordinary skill in the art to carry out the invention.
Drafting a proper patent specification requires substantial expertise.
- Failure to Conduct Proper Patent Searches Before Filing
Many businesses file patent applications without conducting:
- novelty searches;
- patentability assessments;
- prior art analysis.
This significantly increases the risk of:
- rejection;
- unnecessary expenses;
- prolonged prosecution over several years.
Conducting patent searches before filing helps:
- evaluate the likelihood of grant;
- adjust claim scope;
- develop a more effective filing strategy.
- Premature Disclosure of the Invention
One of the most common mistakes is:
publicly disclosing the technical solution before filing the patent application.
Examples
- publishing on websites;
- posting on YouTube;
- presenting to customers;
- distributing catalogues;
- investor pitching;
- product exhibitions.
Even a single uncontrolled disclosure may destroy the novelty of the invention.
- Formal Deficiencies in the Application
Apart from substantive issues, many applications are rejected because of formal defects such as:
- missing documents;
- incorrect applicant information;
- incorrect invention title;
- incorrect IPC classification;
- missing power of attorney;
- incorrect priority claims.
Although some deficiencies may be corrected, failure to respond properly and on time may still result in rejection.
- Failure to Respond Timely to Office Actions
During examination, the Intellectual Property Office of Vietnam may issue:
- deficiency notices;
- notices of intended refusal;
- requests for amendment;
- requests for explanation.
If the applicant:
- responds inadequately;
- provides technically weak responses;
- misses the deadline;
the application may be rejected.
This is why professional and continuous patent prosecution management is essential.
Can a Patent Rejection Be Overcome?
In many cases, rejection decisions may still be overcome through:
- claim amendments;
- additional legal arguments;
- inventive step analysis;
- technical explanations;
- conversion to a utility solution application;
- appeals against rejection decisions.
However, such actions require expertise in:
- patent law;
- technical analysis;
- Vietnamese examination practice.
How to Increase the Chance of Patent Grant?
To improve the likelihood of obtaining patent protection, businesses should:
- conduct patent searches before filing;
- keep technical solutions confidential;
- prepare high-quality patent specifications;
- develop appropriate claim strategies;
- choose the correct form of protection;
- respond to office actions on time;
- engage professional intellectual property representatives.
Patent Registration Services at ADVN Law
ADVN Law provides support for:
- patentability searches;
- rejection risk assessment;
- patent drafting;
- claim drafting;
- patent filing in Vietnam;
- international patent filing under the PCT system;
- responding to office actions;
- handling intended refusal notices;
- appealing patent rejection decisions.
We support clients across various industries, including:
- mechanical engineering;
- electrical and electronics;
- AI;
- software;
- medical devices;
- biotechnology;
- industrial manufacturing;
- food technology;
- cosmetics and chemicals.
Frequently Asked Questions
Can a rejected patent application be amended?
Yes. In many cases, applicants may amend, explain, or appeal according to legal procedures.
Can an invention application be converted into a utility solution application?
Yes. This is a common strategy to increase the chance of obtaining protection.
Is conducting a patent search before filing necessary?
Absolutely. It is essential for assessing novelty and patentability.
How important is the patent specification?
It is the most critical document in a patent application.
How long does it take to know whether an application will be rejected?
The examination process may take several years depending on the complexity of the case.
Contact ADVN Law for Patent Consultation
If you need consultation regarding patent registration in Vietnam or internationally, please contact ADVN Law for detailed assistance.
Hotlines:
Email: advnlaw@gmail.com
Website: advnlaw.vn
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