When is an Industrial Property Registration Application Considered Valid?

In Section 13 of Circular 01/2007/TT-BKHCN guiding the implementation of Decree 103/2006/ND-CP on the enforcement of the Intellectual Property Law regarding industrial property issued by the Ministry of Science and Technology, amended by Clause 12, Article 1 of Circular 16/2016/TT-BKHCN, it is stipulated that an application is considered valid if it meets the regulations in Point 7 of this Circular and does not fall into any of the following cases:

- The application is made in a language other than Vietnamese, except as provided for in Points 7.3 and 7.4 of this Circular;

- The declaration lacks sufficient information about the author (for patent registration applications, industrial design registration applications, and layout design registration applications), about the applicant, about the representative, and lacks the signature and/or seal (if any) of the applicant or the representative;

- There is a basis to assert that the applicant has no right to register;

- The application is submitted in violation of the provisions of Article 89 of the Intellectual Property Law;

- The application has defects stated in Point 13.3 of this Circular that affect the validity of the application and, despite being requested to be corrected by the Intellectual Property Office, the applicant has not corrected them or the corrections do not meet the requirements;

- There is an apparent basis to immediately assert that the object mentioned in the application is not protected by the State according to the provisions of Articles 59, 64, 69, 73, and Article 80 of the Intellectual Property Law.

- The application is submitted in violation of the regulations on security control for inventions prior to overseas registration in Clause 2, Article 23b of Decree No. 103/2006/ND-CP, including cases where the international application is submitted directly to the international office.

The above is the advisory content.

Respectfully!