Filing A Divisional Patent Application In Vietnam

In Vietnam, divisional practice is fairly flexible.  Specifically, one or more divisional applications can be filed: (1) in response to a lack of unity rejection; and/or (2) at any time for any reason (e.g., voluntary divisionals are permitted).   The specification of a divisional application must not go beyond the original specification of the parent application.  In other words, no new matter can be added in a divisional application.

Time Period for Filing a Divisional Application

A divisional application can be filed any time during the pendency of the parent application, namely, before the Intellectual Property Office of Vietnam (IP Vietnam) issues a final decision regarding the grant or refusal of the parent application.  In practice, a divisional application should be filed no later than at the time of paying the grant fees of the parent application.  Vietnam's Intellectual Property Law (IP Law) does not indicate whether a divisional application can be