How many days in advance must a request for validity maintenance of the protection title be submitted? What is the application for amending information on protection titles in Vietnam?
What is the application for amending information on protection titles in Vietnam?
Pursuant to Clause 4, Article 29, Decree 65/2023/ND-CP, depending on the content that needs to be amended according to Clauses 1, 2, and 3 of Article 29, Decree 65/2023/ND-CP, the request application shall include 1 set of the following documents:
- Statement on request following Form No. 06 Appendix II of Decree 65/2023/ND-CP specifying in the request for recording changes.
A statement requesting amendments may amend many protection titles if they have the same amendment content, providing that the petitioner pay the prescribed fees for each protection title;
- Original protection title in case it is granted in paper form;
- Documents confirming changes to the name and address (original or certified copy); decisions on changes to the name and address; business registration licenses specifying changes to the name and address; other legal documents proving changes to the name and address (original or certified copy) in case of requesting changes to name and address;
- Documents proving the transfer of ownership according to Point b Clause 1 of Article 29, Decree 65/2023/ND-CP (documents proving the merger, division, and splitting of juridical persons or joint venture, association, and establishment of new juridical persons of the same owner, trading form conversion, or decision of the Court or other competent authorities) in case of requesting changes to the owner of the protection title;
- Documents on detailed presentation of the amendment content;
- 5 sets of photos or drawings of the amended industrial design (in case of requesting amendments to the industrial design); 2 descriptions of the specific characteristics of the product with geographical indications, maps of the corresponding geographical area with geographical indications (in case of requesting amendments to geographical indications); 2 copies of the amended regulation on the use of the collective mark or certification mark (in case of requesting amendments to the collective or certification mark); 5 mark samples (in case of requesting amendments to the mark sample according to Point a Clause 3 of this Article);
- 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 industrial property right authority).
Maintaining the validity of invention patents
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.
...
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: May protection titles be issued under electronic form?
Pursuant to Clause 1, Article 29 of Decree 65/2023/ND-CP, there are regulations on amending information on protection titles, changing information in the National Industrial Property Register as follows:
Amending information on protection titles, changing information in the National Industrial Property Register
1. A protection title records information prescribed in Clause 1 Article 92 of the Law on Intellectual Property and is made following the form prescribed in Appendix II of this Decree. The protection title is issued under electronic and paper forms (if the applicant requests the paper form). The owner of the protection title, organization, or individual permitted by the State to perform the rights to geographical registration may request the industrial property right authority to record changes to information on the protection title in the following cases:
...
Thus, the protection title is issued under two forms:
- Electronic form;
- Paper form (if the applicant requests the paper form)
LawNet
