A guide for Patent Divisional Application in Vietnam

07/14/2023 12:37

The applicants for patent registration shall carry out the divisional applications according to the steps below:

Step 1: Documentation requirements

A division application consists of:

– 02 Declaration of patent registration, according to form No. 01-SC annex A of Circular 16/2016/TT-BKHCN, on the patent registration declaration, it is necessary to specify the application number and filing date of the original application).

– Submit a copy of the specifications (including the summary), the requirements and drawings of the each application as well as the application specifying the name, address and nationality of each inventor.

– Written request for separation of patent application / useful solution.

– Each applications may not include any topics that were not originally disclosed in the original application

– Primary and dividing applications cannot request the same identical topic

– Power of authority (if the application is filed through an industrial property representative office).

Step 2: Application

The divisional applications are submitted in person or by post to the National Office of Intellectual Property. Applicants with digital certificates and digital signatures, registering an account on the Online Application Receiving System can apply online.

Step 3: Pay fees and charges

The applicant must pay the filing fee and all fees and charges for the procedures carried out independently of the original application (in addition to the procedures already carried out in the original application without having to re-apply in the separation application), but do not have to pay the priority claim appraisal fee (except for the case of separation of industrial design applications due to non-guarantee of unity).

Step 4: Examination of Divisional Applications

A divisional application is accorded the same filing date as the parent application but is treated as a new patent filing.  As such, the divisional application:

  • Is allotted its own (new) application number;
  • Requires payment of its own filing fees (separate from the filing fees paid in the parent application) and all back annuities;
  • Requires the filing of a request for examination (separate from the filing of a request for examination in the parent application);
  • Is prosecuted separately from the parent application; and
  • Results in a patent that is independent from the parent application.

Step 5: Claims of a Divisional Application

A divisional application may be filed with the claims as originally filed in the parent application or PCT application.  However, the claims of a divisional application filed with the same claims as a parent or PCT application must be amended prior to or during examination to ensure that neither the parent or divisional application claim identical subject matter.

However, if the claims of two patent applications or a patent and a pending application have identical scope, then the application(s) will be rejected due to double patenting issue.


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