From November 15, 2023, the National Office of Intellectual Property has officially deployed a pilot system for receiving online patent applications on the national public service portal.
Accordingly, currently, people who want to register a patent can access https://dichvucong.ipvietnam.gov.vn/ to apply according to the instructions.
To be able to apply for a patent online, the applicant first needs to ensure the following conditions: Have registered an account with a Digital Signature and the registration account has been approved by the National Office of Intellectual Property.
To register an account with Digital Signature, the applicant takes the following steps:
Step 1: Register
– Install applications that support digital signing.
– Double click on each .exe file in the downloaded Extension_Tool folder to install applications that support digital signatures (not installed in order).
– Plug the digitally signed USB into the device.
– Select the “Register” tab and select a role.
– Fill in the requested personal information. The system will request a digitally signed USB to get the Digital Signature. The applicant signs digitally on the system and completes the account registration declaration.
Step 2: Wait for approval
After completing the account registration declaration, the National Office of Intellectual Property approves the account and issues an account name and password to the Individual/Organization via the provided email.
To complete the online patent application process, the applicant needs to go through the following 4 steps:
Step 1: Register/Log in
Individuals/Organizations can register for an account using a digitally signed USB.
The NOIP reviews and grants valid access accounts to Individuals/Organizations according to regulations.
After registering an account, Individuals/Organizations log in with an account approved and issued by the National Office of Intellectual Property.
Step 2: Declare your profile
After successfully logging in, Individuals/Organizations can look up administrative procedures and declare documents from the online application receiving system of the National Office of Intellectual Property or select procedures from the National Public Service Portal.
Accordingly, from the Administrative Procedures screen, Individuals/Organizations can select the Administrative Procedures they want to perform and select Submit to declare documents online or select the type of administrative procedure in the Add Sheet section. declare to declare records.
Next, the applicant declares information and updates documents in the application into the administrative procedure form.
Then, View the fees and charges calculated, check and keep records.
Finally, digitally sign the document using the registered digital USB key.
Step 3: Payment
After declaring the dossier, the system will notify the fees and charges that need to be paid for the dossier so that the Individual/Organization can make payment by transfer via QR code of the National Office of Intellectual Property.
After payment, the applicant needs to upload proof of payment of fees and charges. After completing payment, the system automatically sends the newly created profile.
Fee
– Fee: (Formality appraisal fee.20% x 900,000 VND (each independent protection request))
– Fee: 10,000 VND (Information publication fee from the 7th description page onwards. 10,000 VND/page)
– Fee: 40,000 VND (The description has more than 6 pages, from the 7th page onwards, an additional 40,000 VND/page must be paid)
– Fee: 100,000 VND (International patent classification fee. 100,000 VND/subgroup)
– Fee: 120,000 VND (Application publication fee. 120,000 VND (from the 2nd picture onwards: 60,000 VND/1 picture))
– Fee: (Content appraisal fee. 80% x 900,000 VND (each independent protection request))
– Fee: 120,000 VND (Fee for announcing the Decision to grant a Certificate of Protection. 120,000 VND (from the 2nd picture onwards: 60,000 VND/1 picture))
– Fee: 600,000 VND (Fee for appraisal of request for priority rights. 600,000 VND (per application/request))
– Fee: 600,000 VND (Fee for looking up information to serve the appraisal. 600,000 VND (for each independent protection claim))
– Fee: 900,000 VND (Appraisal fee. 900,000 VND (for each independent protection claim))
– Fee: 120,000 VND (Fee for granting a Certificate of Protection (from the 2nd independent protection claim onwards: 100,000 VND/1 independent protection claim))
– Fee: 150,000 VND (Application fee (for each independent claim)
Step 4: Get results
The National Office of Intellectual Property will announce the results of handling administrative procedures for Individuals/Organizations on the Homepage of the National Office of Intellectual Property – Ministry of Science and Technology and the Individual/Organization account on the Online Application Receiving System.
For online patent application submission, the processing time will be as follows:
Step 1: Receive application
Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang; or submit online through the online application receiving system of the National Office of Intellectual Property at https://dichvucong.ipvietnam.gov.vn/
Step 2: Verify the application form
Check the compliance with the regulations on form for the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the application as valid/refuse to accept the application).
+ In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
+ In case the application is invalid, the National Office of Intellectual Property issues a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 2 months. for the applicant to give comments or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.
Step 3: Announce the application
After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.
Step 4: Appraise the content of the application
+ Conducted when there is a request for content appraisal;
+ Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions (novelty, level of creativity, industrial applicability), thereby determining the corresponding scope of protection.
Step 5: Make a decision to grant/refuse to grant a protection title
+ If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property shall issue a decision to refuse to grant a protection title;
+ If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property shall issue a decision to grant a protection certificate and record it in the Register. national registration of inventions and publication in the Industrial Property Official Gazette.
Thai An
Source: Intellectual Property & Creativity Magazine
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