Required documents for patent registration in Vietnam include: The patent description (02 copies); The power of attorney when submits the application through an industrial representative (01 copy); The priority document (01 copy) Each of the above documents has its own requirement, details are as follow:
The patent registration application
The sample of patent application is regulated under the Appendix A of the Circular no. 01/2007/TT-BKHCN.
In particular, the patent application shall include the following information
- Name and address of the applicant(s)
- Name, address and nationality of the inventor(s)
- Title of the invention
- Classification of the invention
- Information of the priority claim (if any)
The patent description
In general, the patent description is one required document for patent registration in Vietnam, that completely discloses the nature of the invention/ technical solution which is registered. Therefore, the document must contain sufficient information based on which any person with average skill in the art can deduce the solution. It must clarify the novelty, inventive steps and possibility of industrial application of the invention/ technical solution;
According to Article 23.6, Circular no. 01/2007/TT-BKHCN, the patent description must include the following content:
- Title of the invention, which briefly expresses the object or objects sought to be registered (hereinafter collectively referred to as the object). The title of the invention must be brief and must not be of a promoting or advertising nature;
- Field of the invention: The field in which the object is utilized or to which the object is relevant;
- Background of the invention: The technical level in this field at the time of filing (known similar objects, if any);
- Summary of the invention: The nature of the object, with signs (characteristics) featuring the object as well as those considered novel compared to those of known similar technical solutions clearly indicated;
- Brief description of the drawings (if any);
- Detailed description of invention;
- Examples of invention realization;
- Benefits (effects) expected to be achieved;
- Claim. The claim shall be used to determine the scope of industrial property rights to inventions. The claim (or protection coverage) must be presented briefly and clearly in conformity with the description and drawings, making clear signs of novelty of the invention.
Power of attorney
In case the applicant hires an agent to submit the patent application in Vietnam, the applicant needs to sign a Power of attorney – an important required document for patent registration in Vietnam.
The Power of attorney could be submitted later within 01 month from the filing date.
Note: Under Vietnamese law, the foreign individual/ organization is not allowed to submit the patent application on his/her own. Therefore, he/she must submit the patent application through an Industrial Representative.
In case the applicant submits the patent application claiming priority right based on an international treaty (for example: Paris Convention), the applicant needs to provide the document proving his/her priority right. Normally, the priority document could be the copy of the patent application filed in the host country which is sealed by the Patent Office.