What are the registration fees for industrial property protection in Vietnam from 2024? What does an industrial property registration application consist of?
Vietnam: What does an industrial property registration application include?
Pursuant to the regulations specified in Clause 1, Article 100 of the Intellectual Property Law 2005 (supplemented by Clause 32, Article 1 of the Amended Intellectual Property Law 2022), the following is stipulated:
General requirements for industrial property registration applications
1. An industrial property registration application shall include the following documents:
a) A declaration form according to the prescribed template;
b) Documents, specimens, and information demonstrating the industrial property object to be protected as specified 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 apply, if the applicant enjoys such right from another person;
dd) Documents proving priority rights, if priority is claimed;
dd1) Explanation documents concerning the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources;
e) Proof of payment of fees and charges.
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Thus, an industrial property registration application includes the following documents:
- A declaration form according to the prescribed template;
- Documents, specimens, and information demonstrating the industrial property object to be protected;
- Power of attorney, if the application is filed through a representative;
- Documents proving the right to apply, if the applicant enjoys such right from another person;
- Documents proving priority rights, if priority is claimed;
- Proof of payment of fees and charges;
- Explanation documents concerning the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.
What are the registration fees for industrial property protection in Vietnam from 2024? What does an industrial property registration application consist of?
What are the registration fees for industrial property protection in Vietnam from 2024?
- For direct submission of industrial property protection registration applications:
Pursuant to Section 1, Part A of the Fee Schedule promulgated together with Circular 263/2016/TT-BTC, the fee rates for submitting an industrial property protection registration application from January 1, 2024, for direct submission are stipulated as follows:
- Application fee (including divisional and conversion applications): 150,000 VND.
- Fee for request to extend the response deadline for notices issued by the fee and charge collecting organization (per each allowable extension): 120,000 VND.
- For online submission of industrial property protection registration applications:
Pursuant to Article 3 of Circular 63/2023/TT-BTC, which supplements Clause 4, Article 4 of Circular 263/2016/TT-BTC, the fee rates for online submission of industrial property protection registration applications are as follows:
Fee Schedule
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4. When organizations and individuals file applications, documents, and requests for implementation of work and services for industrial property protection (including filing industrial property protection registration applications; issuance of Protection Titles, registration of assignments of industrial property rights; maintenance, extension, termination, cancellation of the protection title’s validity; issuance of certificates for industrial property representation services, announcement, and registration of industrial property representation) online:
a) From January 1, 2024, to December 31, 2025, the fee rate shall be 50% (fifty percent) of the fee rate specified in Section A of the Fee Schedule promulgated with this Circular.
b) From January 1, 2026, onwards, the fee rate as specified in Section A of the Fee Schedule promulgated with this Circular shall apply.
Thus, based on the above regulations, the fee rates for online submission of industrial property protection registration applications are as follows:
Fee rates for online submission of industrial property protection registration applications from January 1, 2024, to December 31, 2025, are as follows:
- Application fee (including divisional and conversion applications): 75,000 VND.
- Fee for request to extend the response deadline for notices issued by the fee and charge collecting organization (per each allowable extension): 60,000 VND.
Fee rates for online submission of industrial property protection registration applications from January 1, 2026, are as follows:
- Application fee (including divisional and conversion applications): 150,000 VND.
- Fee for request to extend the response deadline for notices issued by the fee and charge collecting organization (per each allowable extension): 120,000 VND.
What are the requirements for the unity of industrial property registration applications?
Pursuant to the regulations specified in Article 101 of the Intellectual Property Law 2005, the following requirements for the unity of industrial property registration applications are as follows:
- Each industrial property registration application shall request the issuance of only one protection title for a single industrial property object, except for the cases specified in Clauses 2, 3, and 4, Article 101 of the Intellectual Property Law 2005.
- Each registration application may request the issuance of an exclusive patent or utility solution patent for a group of inventions that are closely related in a technical manner to accomplish a single general innovative idea.
- Each registration application may request the issuance of an industrial design protection certificate for multiple industrial designs in the following cases:
+ Industrial designs of a set of products comprising multiple products embodying a single general innovative idea, used together or to achieve a common purpose;
+ An industrial design accompanied by one or more variants of that industrial design, according to a single general innovative idea, not significantly different from that industrial design.
- Each registration application may request the issuance of a certificate of trademark registration for a trademark used for one or multiple goods or services.
Circular 63/2023/TT-BTC shall take effect from December 1, 2023.
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