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1. General conditions for inventions eligible for protection
In accordance with the regulations prescribed in Article 58, Law on Intellectual property 2005, inventions can be protected by the mode of the grant of invention patent or mode of the grant of utility solution patent.
In order to protect one of the above modes, the invention must satisfy the conditions as follows:
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Conditions |
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An invention shall be protected by mode of the grant of invention patent |
- Being novel; - Involving an inventive step; - Being susceptible to industrial application. |
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An invention shall be protected by mode of the grant of utility solution patent |
- Being novel; - Being susceptible to industrial application. |
In accordance with the regulations prescribed in Article 93, Law on Intellectual property, Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date; within that utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.
2. Who has the right to register an invention?
Article 86, Law on Intellectual property prescribes that the following organizations and individuals shall have the right to register inventions, industrial designs, and layout-designs:
- Authors who have created inventions with their own efforts and expenses;
- Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, organizations and individuals; unless otherwise agreed by the parties.
- Invention is created by material - technical establishment, costs from state budget prescribed by the Government.
- Where more than one organization or individual has jointly created or invested in the creation of an invention, industrial design or layout design, these organizations or individuals shall all have the registration right, which shall only be exercised with their consensus.
Besides, an organization or person who has the registration right may assign that right to other organizations or individuals in the form of a written contract, even where a registration application has been filed.
3. Registration fee for inventions
In accordance with the regulations prescribed in the Circular No. 263/2016/-BTC, the costs for registering and issuing inventions are as follows:
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List of fees and charges |
Fee rate |
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Fees for filing application |
VND 150,000. |
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Fee for granting |
VND 120,000. |
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Appraisal charges for industrial property registration applications Charge for industrial property assessment of the appearance shall be equivalent to 20% of the revenue, charge for assessment of contents shall be equivalent to 80% of the revenue |
VND 900,000 |
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Appraisal charge for assessment of an application for priority right (application/requirement) |
VND 600,000 |
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Appraisal charges for assessment of industrial property applications (for amended content of each application) |
VND 160,000 |
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Appraisal charges for the transfer of an application (For each application) |
VND 160,000 |
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Appraisal charges for the application for registration of transfer of industrial property right (for each protection certificate) |
VND 230,000 |
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Charge for the search of information to serve the assessment and handling of complaints and other activities within their responsibility. |
VND 600,000 |
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Charge for declaration of information about industrial property |
VND 120,000 |
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Charge for registration of information about industrial property |
VND 120,000 |
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Charge for use of protection certificates: for inventions/utility solutions: applicable to each independent point of the annual protection application. |
- 1st year or 2nd year VND 300,000 - 3rd year or 4th year VND 500,000 5th year or 6th year, VND 800,000 7th year or 8th year VND 1,200,000 9th year or 10th year VND 1,800,000 11th year to 13th year VND 2,500,000 14th year to 16th year, VND 3,300,000 17th year to 20th VND 4,200,000 |
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Charge for a preliminary inspection of the application for international invention property to submit it to the international office and the international searching agencies |
VND 300,000 |
Here are the charges for invention registration to submit to the National Office of Intellectual Property. Besides, individuals and organizations must pay more service charges for others if they do not make the procedure of invention registration by themselves.
