What is the application for withdrawing industrial property registration applications at the central level in Vietnam? What are the procedures?
- Vietnam: What are the procedures for withdrawing industrial property registration applications at the central level?
- What is the application for withdrawing industrial property registration applications at the central level in Vietnam?
- What are the general requirements for industrial property registration applications in Vietnam?
- What are the uniformity requirements for industrial property registration applications in Vietnam?
Vietnam: What are the procedures for withdrawing industrial property registration applications at the central level?
Pursuant to Section 10, Section A, the administrative procedures issued with Decision 2060/QD-BKHCN in 2023 clearly state that the latest procedures for withdrawing industrial property registration applications at the central level are carried out as follows:
- Step 1: Receive request
Organizations and individuals submit 01 set of documents requesting withdrawing industrial property registration applications to the National Office of Intellectual Property.
- Step 2: Process request
+ In case the request to withdraw the application has no shortcomings, the National Office of Intellectual Property shall issue a notice accepting the withdrawal of the application and record the withdrawal in the application file. Withdrawn industrial property registration applications cannot be reinstated and can only be used as a basis for claiming priority.
+ In case the request to withdraw the application is flawed or invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept the withdrawal, clearly stating the reason for the requester to correct the errors or give feedback. If the requester does not correct the errors or the correction is unsatisfactory, there is no objection or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to accept the request to withdraw the application.
To perform:
- Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
- Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.
Processing time: 02 months from the date of receiving the application.
Requirements and conditions for carrying out administrative procedures: Before the National Office of Intellectual Property decides to grant or refuse to grant a protection title, the applicant has the right to declare withdrawing industrial property registration applications.
Result of administrative procedures: Notice of acceptance / Notice of refusal to accept withdrawing industrial property registration applications
What is the application for withdrawing industrial property registration applications at the central level in Vietnam? What are the procedures?
What is the application for withdrawing industrial property registration applications at the central level in Vietnam?
Pursuant to Section 10, Section A, the administrative procedures issued with Decision 2060/QD-BKHCN in 2023 clearly state that the dossier for withdrawing industrial property registration applications at the central level includes:
- Declaration of withdrawal of application in writing;
- Authorization document (if submitting the application through a representative), which clearly states the authorization to withdraw the application or must be accompanied by a letter of order specifying the application number to be withdrawn;
Number of dossiers for withdrawing industrial property registration applications at central level: 01 set
What are the general requirements for industrial property registration applications in Vietnam?
Pursuant to the provisions of Article 100 of the Law on Intellectual Property 2005 (supplemented by Clause 32, Article 1 of the Law on amendments to some Articles of the Law on Intellectual Property 2022), it is stipulated as follows:
General requirements applicable to applications for registration of industrial property
1. An industrial property registration application shall contain the following documents:
a) Declaration for registration, made on the stipulated form;
b) Documents, samples and information identifying the industrial property object registered for protection as specified in articles 102 to 106 inclusive of this Law;
c) Power of attorney, if the application is filed through a representative;
d) Documents evidencing the registration right, if such right is acquired by the applicant from another person;
dd) Documents evidencing the priority right, if such right is claimed;
dd1) Documents describing the origin of the genetic resource or traditional knowledge about the genetic resource, applicable to inventions that are directly derived from the genetic resource or traditional knowledge about the genetic resource;
e) Receipt for payment of fees and charges.
2. Industrial property registration applications and source documents of transactions between an applicant and the State administrative body for industrial property rights shall be made in Vietnamese, except for the following documents which may be made in another language but shall be translated into Vietnamese at the request of the State administrative body for industrial property rights:
a) Power of attorney;
b) Documents evidencing the registration right;
c) Documents evidencing the priority right;
d) Other documents supporting the application.
3. Documents evidencing the priority right in an industrial property registration application shall include:
a) A copy of the first application(s) certified by the receiving office;
b) Deed of assignment of priority right if such right is acquired from another person.
Accordingly, industrial property registration applications must meet the general requirements as prescribed above.
What are the uniformity requirements for industrial property registration applications in Vietnam?
Pursuant to the provisions of Article 101 of the Law on Intellectual Property 2005, it is stipulated as follows:
Requirements on the uniformity of an application for registration of industrial property
1. Each industrial property registration application shall request the grant of only one protection title for a single industrial property object, except for the cases specified in clauses 2, 3 and 4 of this article.
2. Each registration application may request the grant of one invention patent or one utility solution patent for a group of inventions that are technically linked to form a single common inventive idea.
3. Each registration application may request the grant of one industrial design patent for several industrial designs in the following cases:
(a) Industrial designs of a set of products consisting of numerous items expressing a single common inventive idea and used together or for a common purpose;
(b) An industrial design accompanied by one or more variants being variations of such industrial design which express a single common inventive idea and which are not significantly different from such industrial design.
4. Each registration application may request the grant of one certificate of registered mark for one mark to be used for one or more different goods or services.
Accordingly, the uniformity requirements for industrial property registration applications must meet the above requirements.
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