Vietnam: How many days in advance must a request for validity maintenance of the protection title be submitted?
- Vietnam: How many days in advance must a request for validity maintenance of the protection title be submitted?
- What are the requirements for applicants to enjoy priority rights of registration applications for inventions in Vietnam?
- What are the applications for decisions on compulsory transfer of invention use rights in Vietnam?
Vietnam: How many days in advance must a request for validity maintenance of the protection title be submitted?
Pursuant to Article 30 of Decree 65/2023/ND-CP, there are regulations on maintaining the validity of invention patents and utility solution patents as follows:
Maintaining the validity of invention patents and utility solution patents
1. A request application for maintenance of the validity of an invention patent/utility solution patent shall include the following documents:
a) Statement following Form No. 07 Appendix II of this Decree in Vietnamese;
b) Authorizing documents (in case the request is submitted by a representative);
c) Copies of payment invoices of fees and charges (in cases of paying fees and charges via postal services or directly to the account of the industrial property right authority).
2. Request for validity maintenance of the protection title and fees for appraisal of the request, fees for validity maintenance, fees for the use of the protection title, registration fees, and disclosure fees shall be paid to the industrial property right authority within 6 months before the end date of the validity of the protection title. This request may be submitted after the mentioned time limit, but shall not be later than 6 months from the end date of the previous validity period of the protection title and the owner of the protection title shall pay fees for each month late under fees and charges laws.
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Thus, request for validity maintenance of the protection title and fees for appraisal of the request, fees for validity maintenance, fees for the use of the protection title, registration fees, and disclosure fees shall be paid to the industrial property right authority within 6 months before the end date of the validity of the protection title
Note: The owner of the protection title shall pay fees for each month late under fees and charges laws
Vietnam: How many days in advance must a request for validity maintenance of the protection title be submitted?
What are the requirements for applicants to enjoy priority rights of registration applications for inventions in Vietnam?
Pursuant to Clause 1, Article 12 of Decree 65/2023/ND-CP, if the applicant wishes to have priority rights according to the Paris Convention, his/her applicant shall be accepted if the following requirements are met:
- The applicant is a Vietnamese citizen or a citizen of a member country of the Paris Convention or a member of another country residing or having a production or business facility in Vietnam or any member country of the Paris Convention;
- The first application has been submitted in Vietnam or any member country of the Paris Convention, containing content corresponding to the request for priority rights of the registration application for inventions, industrial designs, or marks;
- The registration application is submitted within the following period since the submission of the first application: 6 months for registration applications for industrial designs or marks and 12 months for registration applications for inventions;
- The registration application for inventions, industrial designs, or marks specifies the request for priority rights enclosed with copies of the first application prescribed in Point b of this Clause in case of submission in a foreign country with a confirmation of the agency receiving the first application. Copies of the first application may be submitted within 3 months from the date of the registration application submission;
- The applicant adequately pays fees for priority rights.
What are the applications for decisions on compulsory transfer of invention use rights in Vietnam?
Pursuant to Article 55 of Decree 65/2023/ND-CP, applications for decisions on compulsory transfer of invention use rights include the following documents:
* An application for a decision on compulsory transfer of invention use rights includes the following documents:
- Statement on request for compulsory transfer of invention use rights following Form No. 04 Appendix I of Decree 65/2023/ND-CP;
- Documents proving that the request for the decision on compulsory transfer of invention use rights has reasonable grounds according to laws as prescribed in Clauses 2, 3, 4, 5, 6, and 7 of Article 55 of Decree 65/2023/ND-CP;
- Authorizing documents (in case the request is submitted by a representative);
- Copies of payment invoices of fees and charges (in cases of paying fees and charges via postal services or directly to the account of the authority competent to settle this procedure).
If the request for the decision on compulsory transfer of invention use rights is based on Point a Clause 1 Article 145 of the Law on Intellectual Property, the application shall specify the practical needs to use the invention for public purposes, non-commercial purposes, national defense and security, disease prevention and treatment, or nutrition for the people or other essential needs of society and contain documents at the time of submission proving that the owner of the invention patent has not used the invention and such an act will affect the achievement of the listed purposes.
* If the request for the decision on compulsory transfer of invention use rights is based on Point b Clause 1 Article 145 of the Law on Intellectual Property, the application shall contain documents proving that the owner of the invention patent has not fulfilled obligations of using the invention prescribed in Clause 1 Article 136 and Clause 5 Article 142 of the Law on Intellectual Property. The application submission time must be 4 years after the submission date of the registration application for the concerned invention and 3 years after the issuance date of the invention patent.
* If the request for the decision on compulsory transfer of invention use rights is based on Point c Clause 1 Article 145 of the Law on Intellectual Property, the application shall contain documents proving that the person in need to use the invention fails to reach an agreement with the owner of the invention patent regarding the conclusion of invention use contract after a reasonable period of negotiation over the reasonable price and commercial conditions, specifying the need to use the invention, time spent on negotiating, price, and specific commercial conditions proposed by the person in need.
* If the request for the decision on compulsory transfer of invention use rights is based on Point d Clause 1 Article 145 of the Law on Intellectual Property, the application shall contain documents proving that the owner of the invention patent has committed anti-competitive acts banned by competition laws.
* If the request for the decision on compulsory transfer of invention use rights in the field of semiconductor technology is based on Point a and Point d Clause 1 Article 145 and Point b Clause 1 Article 146 of the Law on Intellectual Property, the application shall contain documents providing that the use of the concerned invention is only for public or non-commercial purposes or the owner of the invention patent has committed anti-competitive acts banned by competition laws.
* If the request for the decision on compulsory transfer of invention use rights is based on Point dd Clause 1 Article 145 of the Law on Intellectual Property, the application shall contain documents proving the use of the invention is for the needs for foreign pharmaceutical products for disease prevention and treatment eligible for importation according to Article 31bis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
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