Requirements for Terminating the Right to Use Inventions According to a Compulsory Decision: What Are They? What are the Procedures?
What documents are required to request the termination of the right to use a patent according to a compulsory decision?
Based on the provisions in Article 57 of Decree 65/2023/ND-CP, the requirements are as follows:
Request for termination of the right to use a patent under a compulsory decision
1. The termination of the right to use a patent under a compulsory decision must be decided by the Minister, the Head of the relevant ministerial-level agency who issued the compulsory transfer decision.
2. The request for termination of the right to use a patent according to a compulsory decision includes the following documents:
a) A written request for termination of the right to use a patent under the compulsory decision;
b) Documents proving that the grounds leading to the compulsory transfer of the right to use the patent no longer exist and are unlikely to recur, and that the termination of the patent use does not harm the person who was granted the compulsory transfer;
c) A power of attorney (in case the request is submitted through a representative);
d) A copy of the fee receipt (in case the fee is paid via postal services or directly to the account of the administrative agency of the Ministry of Science and Technology).
3. The procedures for receiving and processing the request for termination of the right to use a patent under a compulsory decision and issuing a termination decision shall be implemented in the same manner as the procedures for receiving and processing a request for compulsory transfer of the right to use a patent, as stipulated in Article 55 of this Decree.
Additionally, according to Section 21, Part A of the administrative procedures issued with Decision 2060/QD-BKHCN in 2023, the dossier requesting the termination of the right to use a patent according to a compulsory decision includes:
- A written request for the termination of the right to use a patent under a compulsory decision;
- Documents proving that the grounds leading to the compulsory transfer of the right to use the patent no longer exist and are unlikely to recur, and that the termination does not harm the person who was granted the compulsory transfer;
- A power of attorney (if the request is submitted through a representative);
- A copy of the fee receipt (in case the fee is paid via postal services or directly to the account of the Intellectual Property Office).
The quantity of the request dossier for termination of the right to use a patent according to a compulsory decision: 01 set.
What documents are required to request the termination of the right to use a patent according to a compulsory decision? What are the procedures for implementation? (Image from the Internet)
What are the latest procedures for requesting the termination of the right to use a patent according to a compulsory decision?
Based on the provisions in Section 21, Part A of the administrative procedures issued with Decision 2060/QD-BKHCN in 2023, the latest procedures for requesting the termination of the right to use a patent according to a compulsory decision are as follows:
Procedural steps:
- Step 1: Submission of the dossier
+ For cases where the use of the patent is for public, non-commercial purposes, or for national defense, security, disease prevention, treatment, nutrition, or other urgent societal needs, or to meet the medication needs of other countries eligible for importation under international agreements to which Vietnam is a party: Submit the request dossier to the relevant Ministry and ministerial-level agencies (the agencies that issued the compulsory transfer decision).
+ For other cases: Submit 01 set of the request dossier to the Intellectual Property Office.
- Step 2: Dossier examination
In the case of an invalid dossier (the request for termination of the right to use a patent under a compulsory decision is unfounded):
+ The Minister of Science and Technology or the Head of the relevant ministerial-level agency shall issue a notice of intent to refuse (with reasons stated) and set a time limit of 01 month from the date of issuance for the applicant to provide responses;
+ If the applicant does not provide a response or provides an unsatisfactory response, the Minister of Science and Technology or the Head of the relevant ministerial-level agency shall issue a notice of refusal for the request for termination of the right to use a patent under a compulsory decision.
In the case of a valid dossier:
+ The Minister or the relevant ministerial-level agency shall issue a decision to terminate the right to use a patent under the compulsory decision.
+ Record the decision in the National Register of Industrial Property Transfer within 01 month and publish it in the Industrial Property Gazette within 02 months from the date of the decision.
Implementation methods:
- Submit online via the Administrative Procedure Information System of the Ministry of Science and Technology.
- Directly or via postal services to the headquarters of the Intellectual Property Office in Hanoi or the two representative offices of the Office in Ho Chi Minh City and Da Nang.
Time limit for resolution: 02 months from the date of receiving the dossier.
Outcome of administrative procedure: Decision to terminate the right to use a patent under a compulsory decision.
What are the criteria for requesting the termination of the right to use a patent under a compulsory decision?
Based on the provisions in Section 21, Part A of the administrative procedures issued with Decision 2060/QD-BKHCN in 2023, the criteria for requesting the termination of the right to use a patent under a compulsory decision are as follows:
- The grounds leading to the compulsory transfer of the right to use the patent no longer exist and are unlikely to recur;
- The termination of the patent use does not harm the person who was granted the compulsory transfer of the right to use the patent.
LawNet