1. Procedure for Amendment of Invention or Utility Solution Applications
1.1 Amendment of Applications ✏️
Before the Intellectual Property Office of Vietnam (IPVN) issues a decision on the rejection of an application, refusal to grant a protection title, or grant of a protection title, the applicant may amend the application either voluntarily or upon request from IPVN.
📄 Required Documents:
✅ Two (02) declarations requesting application amendments, typed according to Form No. 01-SĐĐ (Appendix B of Circular No. 01/2007/TT-BKHCN).
✅ Documents certifying the changes, including amended or supplemented copies of relevant documents with a detailed explanation of modifications. The amendment must not expand the protection scope beyond the original disclosure.
✅ Power of attorney (if the request is filed through a representative).
✅ Fees:
- Application amendment fee: VND 160,000 per request
- Publication fee: VND 120,000 per request (if the application has been accepted as valid)
💡 If the amendment affects the substantive nature of the application (e.g., modifications to the invention description or claims), the application will require re-examination. The substantive re-examination fee is VND 720,000 per independent claim.
⏳ Processing Time:
📌 2 months (excluding any time needed to correct deficiencies).
📤 Methods of Filing:
📎 Paper filing: Submit directly or by post to one of the IPVN offices in Hanoi, Ho Chi Minh City, or Da Nang.
🌐 Online filing: Requires a digital certificate, digital signature, and a registered account with IPVN.
1.2 Transfer of Invention or Utility Solution Applications 🔄
Before the IPVN issues a decision on the rejection, refusal, or grant of a protection title, the applicant may request the transfer of the application to another entity.
📄 Required Documents:
✅ Two (02) declarations requesting application transfer (Form No. 01-CGĐ, Appendix B of Circular No. 01/2007/TT-BKHCN).
✅ Documents proving the transferee’s right to register, including full names, addresses of both parties, and the assigned application number.
✅ Power of attorney (if filed through a representative).
✅ Fees:
- Transfer request fee: VND 160,000 per request
- Publication fee: VND 120,000 per request (if the application has been accepted as valid)
⏳ Processing Time:
📌 2 months
📤 Methods of Filing:
📎 Paper filing: Direct submission or by post to IPVN offices.
🌐 Online filing: Requires a digital certificate, digital signature, and a registered account.
2. Procedure for Division and Conversion of Applications
2.1 Division of Applications 🔹
Before a final decision is issued by IPVN, the applicant may divide the application voluntarily or upon request from IPVN. Each divisional application will receive a new serial number but retains the original filing date and priority date.
📄 Required Documents:
✅ Two (02) declarations for registration (Form No. 01-SC, Appendix A of Circular No. 01/2007/TT-BKHCN) with parent application details.
✅ Two (02) descriptions of the invention or utility solution, ensuring distinct claims between the parent and divisional applications.
✅ Written request for division of the application.
✅ Power of attorney (if filed through a representative).
✅ Fees:
- Each divisional application must pay all standard fees as a new application, except for the priority claim fee.
- Amendment fee for the parent application: VND 160,000.
⏳ Processing Time:
📌 Subject to formality examination and follows the remaining procedures of the parent application.
📤 Methods of Filing:
📎 Paper filing: Submit directly or by post to IPVN offices.
🌐 Online filing: Requires a digital certificate, digital signature, and a registered account.
2.2 Conversion of Applications 🔄
Before a final decision is issued, the applicant may convert an invention application into a utility solution application or vice versa.
📄 Required Documents:
✅ Two (02) declarations for registration (Form No. 01-SC, Appendix A of Circular No. 01/2007/TT-BKHCN) with the appropriate box checked for conversion.
✅ Two (02) descriptions of the invention or utility solution.
✅ Written request for conversion of the application.
✅ Power of attorney (if filed through a representative).
✅ Fees:
- Application conversion fee: VND 150,000
- Publication fee: VND 120,000 (if the parent application has been accepted as valid)
⏳ Processing Time:
📌 IPVN continues the procedures already completed and processes the converted application accordingly.
📤 Methods of Filing:
📎 Paper filing: Direct submission or by post to IPVN offices.
🌐 Online filing: Requires a digital certificate, digital signature, and a registered account.
⚠️ General Notes:
📌 If filing by post, payment receipts must be included to confirm fee transfers.
📌 If filing online, documents and fees must be submitted within 1 month of the online confirmation.
📌 Failure to submit required documents or fees will result in denial of the application.
📌 If online procedures are not completed, an Online Application Cancellation Notice will be issued.
This document outlines the complete procedures for amending, transferring, dividing, and converting invention or utility solution applications in Vietnam, ensuring compliance with IPVN regulations.