How is an application processed?

After filing, an application for patent will be under process of examination which usually takes from 2 to 4 years, sometime even longer, before a patent can be granted. This process involves in 2 main stages:

  • Formality examination is completed within 1 month from date that all required documents are filed. If all formal requirements are met, an official notification of acceptance of the application will be forwarded to the applicant and the application then proceeds to the next stage.
  • Within 42 months (for patent for invention) or 36 months (for patent for utility solution) from priority date of the utility solution, a request for substantive examination must be filed with the IP Vietnam. Otherwise, the application is deemed to be abandoned. The time limit of this examination shall be: 12 months from the date that the request for substantive examination is filed or date of publication of the application whichever come later.