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

Fees and charges for patent/utility solution registration

– First of all, Official charge for filing application: VND 150,000/ 01 application;

– Secondly, Fee for formality assessment: VND 180,000/ 01 independent point;

– Thirdly, Fee for formality assessment from page 7 of the description onward: VND 8,000/ 01 page;

– Fourthly, Fee for publication of valid application: VND 120,000/ 01 application;

– Additionally, Fee for publication of valid application from the 2nd image onwards VND 60,000/ 01 image;

– Next, Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;

– Plus, Fee for the patent search for the assessment process: VND 600,000/ 01 independent point;

– Further, Fee for substantive assessment: VND 720,000/ 01 independent point;

– Lastly, Fee for substantive assessment from page 7 of the description onward: VND 32,000/ 01 page.

Note: Patent/utility solution application must follow international patent classification. Accordingly, if the applicant fails to classify or correctly classify, the IPVN shall conduct the classification. Besides, the applicant shall pay a classification service fee; specifically, VND 100,000/ 01 international patent classification.

Time limit for processing patent/utility solution registration applications

From the date of receipt of the application, the IPVN shall assess a patent/ utility solution in the following order:

– A patent/utility solution registration application shall have a formality assessment within 01 month from the filing date.

– Publication of invention registration applications:

(i) IPVN shall public the application in the nineteenth month from the date of priority, or the filing date, or within 02 months from the date of acceptance of the application, whichever is later.

(ii) IPVN shall public the application under the Patent Cooperation Treaty within 02 months from the date which the application enters the national phase.

(iii) IPVN shall public the application containing a request for earlier publication within 02 months from the date the IPVN receives that request, or the date of acceptance of the application, whichever is later.

Methods of filing patent/utility solution registration application

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

a) Paper filing

The applicant may submit an application for a patent/utility solution directly or via postal service to one of the IPVN’s application 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 trademark by post, The applicant must transfer the application charges/ fees by postal service.
(Note: If the fee or charge is transferred to one of IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

b) Online filing

  • Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
  • Online application process:
    + The applicantneeds to complete the steps of filing a trademark application form on the IPVN’s Online Application Receiving System. After that, IPVN will send a confirmation of online submission 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) and 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, IPVN will deny the application. 
    + Especially, if the applicant fails to complete the application procedure, IPVN will cancel the online application procedure.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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