A patent application is automatically examined as to form, and on a separate request, as to substance.

To meet the formal requirements, an application must be filed on an official form containing the information and documents mentioned in paragraph (7) "Filing requirements".

The examination as to formal conditions must be completed within three months from the filing date. If the formalities are met, a Notice of the acceptance as to complying with the formal conditions will be issued to confirm the filing date and application number.

If any information or document mentioned in (7) is not filed in due time, the Applicant will be invited to submit it and the filing date will be the date on which the NOIP receives the failing one.

If the application is rejected due to its in compliance with the other formal conditions e.g. specification is not written in due form or indication of the Applicant in the documents is not the same, the Applicant will have two months for amendment or correction, and this will not affect the filing date.

All national patent applications are published for purposes of opposition in the 19th month counted from the priority date unless:

  • a request for an earlier publication is filed. In this case, the patent application will be published within one month from the date of filing the request.
  • a request for examination as to substance is filed before the date on which the patent application is accepted as to form. In this case, the patent application will be published within one month from the date of acceptance as to form.
  • a request for examination as to substance is filed after the date of acceptance as to form, but before 18 months from the priority date. In this case, the patent application will be published within one month from the date of filing the request.

PCT applications entered in the Vietnam National Phase are published in the second month from the date of acceptance as to form.

Request for examination as to substance must be submitted by the applicant or a third party within 42 months from the priority date if the application is filed for an invention patent, or 36 months from the priority date if the application is filed for a patent for utility solution. If it is not so made, the patent application is deemed withdrawn.

If the request is made, an announcement of the request is published in the Official Gazette within one month from the date of receiving the request if the request is filed after the publication of the patent application, or published together with the patent application if the request is filed before the publication of the patent application. This is a notice to the public that any interested party may file an opposition to the grant of the patent.

The current law provides that any time during the examination as to substance, any third party may request rejection of a patent application by submitting arguments together with relevant documents, information with respect to the patent application.

The substantive examination must be completed within (i) eighteen (18) months if the application is filed for invention patent, or (ii) nine (9) months if the application is filed for utility solution patent, counted from (i) the date of the request for examination if the request is filed after the date of publication of the patent application or (ii) eighteen months from the publication date if the request is filed before publication of the patent application.

In this stage, the Examiner will check if the patent application meets criteria for obtaining protection mentioned in the paragraph (4).

After having examined the patent application, an Examiner should send a Notice of result of the examination of patentability to the Applicant.

  • If the patent application need to be amended or corrected, the Applicant will have two months for amendment or correction.
  • If the patent application is rejected due to not meeting criteria for obtaining protection, the Applicant will have two months for response to the Office's action.
  • If the invention is patentable, the patentee should pay for publication and grant fees.

Notices of the issuance of letter's patents and abstracts of patents are published in the Official Gazette of Industrial Property.

The Applicant may withdraw his patent application at any time during its pendency. A patent application is withdrawn before its publication is deemed as having not filed with the National Office of Industrial Property.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.