Guidance on Procedures for Withdrawing Central-Level Industrial Property Registration Applications, Latest 2023
What does the dossier for the withdrawal procedure of a central-level industrial property registration application include?
According to Section 10 Section A of the administrative procedures issued with Decision 2060/QD-BKHCN in 2023, the dossier for the withdrawal procedure of a central-level industrial property registration application includes:
- A written declaration of withdrawal;- Power of attorney (if the application is submitted through a representative), clearly stating the authorization to withdraw the application or accompanied by a letter specifying the application number to be withdrawn;
The number of dossiers to carry out the withdrawal procedure of a central-level industrial property registration application: 01 set
How is the latest central-level industrial property registration application withdrawal procedure carried out?
According to Section 10 Section A of the administrative procedures issued with Decision 2060/QD-BKHCN in 2023, the latest central-level industrial property registration application withdrawal procedure is carried out as follows:
- Step 1: Receive the request
Organizations or individuals submit 01 set of dossiers requesting the withdrawal of the industrial property registration application to the Intellectual Property Office.
- Step 2: Process the application
+ If the withdrawal request has no shortcomings, the Intellectual Property Office will issue a notice accepting the withdrawal, record the withdrawal in the application file. The withdrawn industrial property registration application cannot be restored but can only be used as a basis for claiming priority rights.
+ If the withdrawal request has shortcomings or is invalid, the Intellectual Property Office will issue a notice intending to refuse to accept the withdrawal request, clearly stating the reasons for the applicant to correct the shortcomings or provide objections. If the applicant does not correct the shortcomings or corrects them unsatisfactorily, does not provide objections or provides unjustified objections, the Intellectual Property Office will issue a notice refusing to accept the withdrawal request.
Method of implementation:
- Submit online through the Information System for Administrative Procedures Resolution of the Ministry of Science and Technology.- Directly or via postal services to the headquarters of the Intellectual Property Office in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang.
Processing time: 02 months from the date of receiving the dossier.
Requirements, conditions for administrative procedure implementation: Before the Intellectual Property Office decides to issue or refuse to issue protection certificates, the applicant has the right to declare the withdrawal of the industrial property registration application.
Results of administrative procedure implementation: Notice of acceptance/Notice of refusal to accept the withdrawal of the industrial property registration application.
Instructions for carrying out the latest procedure to withdraw a central-level industrial property registration application in 2023
What are the general requirements for an industrial property registration application?
According to the provisions of Article 100 of Intellectual Property Law 2005 (amended by Clause 32 Article 1 of Intellectual Property Law amended 2022), it is stipulated as follows:
General requirements for an industrial property registration application
1. An industrial property registration application includes the following documents:
a) A declaration form according to the prescribed template;
b) Documents, specimens, and information demonstrating the industrial property object requested for protection as stipulated from Articles 102 to 106 of this Law;
c) Power of attorney, if the application is filed through a representative;
d) Documents proving the right to register, if the applicant enjoys that right from another person;
e) Documents proving priority right, if priority is claimed;
e1) Explanation of the origin of genetic resources or traditional knowledge of genetic resources in patent applications, for inventions created directly based on genetic resources or traditional knowledge of genetic resources;
f) Proof of fee and charge payment.
2. The industrial property registration application and documentation exchanged between the applicant and the state management authority for industrial property rights must be in Vietnamese, except for the following documents which may be in another language but must be translated into Vietnamese at the request of the state management authority for industrial property rights:
a) Power of attorney;
b) Documents proving the right to register;
c) Documents proving priority right;
d) Other supporting documents for the application.
3. Documents proving priority right for industrial property registration applications include:
a) Copies of the first application or applications certified by the authority that received the first application;
b) Document of transfer of priority right if that right is enjoyed from another person.
An industrial property registration application must meet the general requirements as prescribed above.
What are the requirements for the unity of an industrial property registration application?
According to the provisions of Article 101 of Intellectual Property Law 2005, it is stipulated as follows:
Requirements for the unity of an industrial property registration application
1. Each industrial property registration application may only request the issuance of one protection title for one single industrial property object, except for the cases specified in Clauses 2, 3, and 4 of this Article.
2. Each application may request the issuance of an invention patent or a utility solution patent for a group of inventions closely related by technical features to perform a single general inventive concept.
3. Each application may request the issuance of an industrial design patent for multiple industrial designs in the following cases:
a) Industrial designs of a product series comprising multiple products representing a single general creative idea, used together or for a common purpose;
b) An industrial design accompanied by one or more variants of that industrial design, following a single general creative idea, not significantly different from that industrial design.
4. Each application may request the issuance of a trademark registration certificate for one trademark used for one or multiple different goods or services.
The unity of an industrial property registration application must comply with the above requirements.
LawNet