The invention is protected by law in the grant forms. Individuals and organizations should know the specific fees for inventions eligible for protection and prepare the full application.

1. General conditions for inventions eligible for protection

In accordance with the regulations prescribed in Section 58 of the Intellectual Property Act 2005, inventions can be protected by the Invention Patent Grant Mode or the Utility Solution Patent Grant Mode. .

In order to protect one of the above modes, the invention must satisfy the following conditions:

Conditions

An invention is protected by the mode of grant of the patent for invention

– Being novel;

– Involving an inventive step;

– Be capable of industrial application.

An invention is protected by the method of granting a utility solution patent

– Being novel;

– Be capable of industrial application.

In accordance with the regulations provided for in article 93 of the law on intellectual property, patents for invention each have a validity beginning on the date of issue and expiring at the end of 20 years after the date of filing; under this utility solution, patents have a validity beginning on the date of issue and expiring after 10 years from the date of filing.

2. Who has the right to register an invention?

Article 86 of the Intellectual Property Law provides that the following organizations and persons have the right to register inventions, industrial designs and layout designs:

– Authors who have created inventions with their own effort and expense;

– Organizations or individuals who have provided funds and material facilities to the authors in the form of assignment or employment, organizations and individuals; unless otherwise agreed by the parties.

– The invention is created by the material – the technical establishment, the costs of the state budget prescribed by the government.

– Where several organizations or individuals have jointly created or invested in the creation of an invention, an industrial design or a layout-design, these organizations or individuals all have the right of registration, which cannot be exercised only with their consent.

In addition, an organization or person who has the right of registration may assign this right to other organizations or individuals in the form of a written contract, even if an application for registration has been filed.

3. Registration fee for inventions

In accordance with the regulations prescribed by Circular No. 263/2016/-BTC, the fees for registering and issuing inventions are as follows:

List of fees and charges

Fee rate

Filing fees

150,000 VND.

Grant fees

120,000 VND.

Expertise fees for industrial property registration applications Appearance industrial property expert’s fee equals 20% of income, content expert’s fee equals 80% of income

900,000 VND

Assessment Fee for Assessing a Priority Entitlement Application (Application/Requirement)

VND600,000

Assessment fees for the assessment of industrial property applications (for the modified content of each application)

160,000 VND

Instruction fee for the transfer of an application (For each application)

160,000 VND

Examination fees for the application for registration of transfer of industrial property rights (for each certificate of protection)

230,000 VND

Costs of researching information to serve the evaluation and handling of complaints and other activities under their responsibility.

VND600,000

Fees for filing information on industrial property

120,000 VND

Industrial Property Information Registration Fee

120,000 VND

Fee for use of protection certificates: for inventions/utility solutions: applicable to each independent point of the annual application for protection.

– 1st year or 2n/a year VND 300,000

– 3rd year or 4e year VND 500,000

5e year or 6e year, 800,000 VND

sevene year or 8e year VND 1,200,000

9e year or 10e year VND 1,800,000

11e year to 13e year VND 2,500,000

14e year to 16e year, 3,300,000 VND

17e year to 20e 4,200,000 VND

Fees for the preliminary inspection of the application for international invention property to submit it to the international office and international search agencies

300,000 VND

Here are the invention registration fees to be filed with the National Intellectual Property Office. In addition, individuals and organizations need to pay more service fees for others if they do not complete the invention registration procedure themselves.