Procedure for conversion of patent or utility solution applications

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

Before the IPVN issues decisions on the rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may convert the application for a patent into one for a utility solution patent or vice versa.

A request for application conversion

(i) First of all, 02 Declaration for registration which is typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN;

(ii) Secondly, 02 descriptions of the patent or utility solution;

(iii) Additionally, Documents request in writing, a proposal for convert patent or utility solution application;

(iv) Next, Power of attorney (in case through a representative);

(v) Plus, Fee for application is VND 150,000. Further, the fee for publication is VND 120,000 in case the parent application has been accepted as a valid application.

– The time limit for processing a converted application: After receiving a valid request for application conversion, the IPVN shall continue carrying out the procedures for processing the converted application according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is made.

Methods of filing conversion application

The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

(i) Paper conversion filing

The applicant may submit an application for a patent/utility solution directly or via postal service to one of the IPVN’s applications receiving places, specifically as follows:

  • Firstly, Head Office of IPVN. Address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
  • Secondly, Representative Office of IPVN in Ho Chi Minh City. Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
  • Thirdly, Representative Office of IPVN in Da Nang City. Address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of filing an application for a patent/utility solution by post, The applicant must transfer the application charges/ fees by postal service.

(ii) Online conversion filing

  • Conditions for online conversion filing: Applicants need to have a digital certificate, a digital signature and a registed account on the IPVNon the Online Application Receiving System.
  • Online application process:
    + The applicant needs to complete the steps of filing transfer application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
    + The applicant needs to present the confirmation of the online submission to one of the IPVN’s office attached documents (if any). In addition, the applicant pay fees/ charges within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    + If one of the documents and fees/ charges is not fully, the application will be denied. 
    + Especially, if the applicant fails to complete the prescribed application procedure, the online application procedure will cancel.

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