“Invention” and “Utility Solution” mean a technical solution in the form of a product or a process to a specific problem. “Patents for Invention” are granted for any inventions, which are new, involve an inventive step and are industrially applicable. “Patents for Utility Solution” are granted for any inventions, which are new, not common and industrially applicable.

The following subject matters are excluded from patent protection:

• Discoveries, scientific theories; mathematical methods;
• Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
• Modes of presentations of information;
• Solutions serving solely to obtain aesthetic results;
• Plant varieties, animal varieties;
• Essentially biological processes for the production of plant or animal varieties, other than microbiological processes;
• Methods of treatment for humans or animals, or diagnostic methods practiced on humans or animals.

National (non-PCT) Application requires the following documents and information:

• A signed Power of Attorney from the Applicant(s) duly affixed with its seal (if any) (click here to download form). Neither notarization nor legalization is required (should be lodged within 1 month from the filing);
• A copy of the specification, claims, drawings and abstract in English for the purpose of translation into Vietnamese (required at filing);
  Full Name, Address and Nationality of the Applicant(s) and Inventor(s);

In case the right of priority is claimed:

• Information regarding the filing date, application number, name of country of any priority application;
• Certified copy(ies) of the priority document(s), and their sworn English translation(s) if they are not in English (it is required only when the Patent Office requests to submit the Vietnamese version(s) of the priority document(s)), where the Paris Convention Priority is claimed (required within three (3) months from the filing date);
• A signed Deed of Assignment of the Priority Rights where the Applicant(s) are different from the Applicant(s) having filed the Priority Application (required within three (3) months from the filing date).

Deed of Assignment from the Inventor(s) to the Applicant(s) if the Applicant(s) and the Inventor(s) are not the same shall be submitted only in the case the Patent Office has reasonable grounds to doubt the Applicant's eligibility.

PCT Application for entering the National Phase requires the following documents and information:

• A signed Power of Attorney from the Applicant duly affixed with its seal (if any) (click here to download form). Neither notarization nor legalization is required (shall be lodged within 34 months from the priority date);
• A signed Deed of Assignment where the Applicant entering the National Phase is different from the Applicant having filed the International Application (required within 34 months from the priority date);
• A copy of the International Application as filed if the Applicant requests entry into the Vietnam National Phase before the International Publication date (required at the date of entry);
• An English version of the specification, claims, any text matter of drawings and abstract (if any of those parts have been amended, then both as originally filed and as amended under PCT Articles 19 or 34) for the purpose of translation into Vietnamese. (required in one month before the date of entry into Vietnamese national phase for translating);
• Name and Address of the Inventor(s) if they have not yet been furnished in the "Request" part of the International Application.

The time limit for entry of PCT applications into the Vietnam National Phase under both Chapter I and Chapter II is 31 months (not 30 months) from the earliest priority date. However, a late entry within a period of six (06) months following the expiry of the time limit is acceptable upon payment of a surcharge.

Patent applications shall be examined as to form within 1 month from the filing date.

The non-PCT applications accepted as to form shall be published in the 19th month from the priority date or from the date of filing of the application (if there is no priority date) or within two months from the date on which the application is accepted as to form, whichever date is the later.

The PCT applications shall be published within 2 months from the date on which the applications are accepted as to form.

The patent application which contains a request for early publication shall be published within two months from the date on which the Patent Office receives such a request or from the date the application is accepted as to form, whichever date is the later.

The published patent applications shall not be examined on their merits without a request from either applicant or a third party. The request for substantive examination shall be submitted within 42 months (for inventions) and 36 months (for utility solutions) from the earliest priority date. Late submitting within 6 months following the expiry of the time limit is acceptable upon payment of late submission fees. Failure to submit the request for substantive examination within the prescribed time limits, the patent application shall be deemed to have been withdrawn upon expiry of such time-limit.

The time limit for examination as to substance of the patent application is 18 (eighteen) months from the date of receipt of the request for substantive examination if such a request is lodged after the date of publication of the patent application or from the date of publication of the patent application if such a request is lodged before the date of publication.

Patents for inventions shall have the validity beginning on the granting date and expiring at the end of 20 years counted from the filing date.

Patents for utility solutions shall have the validity beginning on the granting date and expiring at the end of 10 years counted from the filing date.

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