Vietnam: How long is the deadline for examining the sufficiency of the industrial property registration application?

Deadline for examining the sufficiency of the industrial property registration application is carried out according to Clause 3 Article 1 of Circular No. 05/2013/TT-BKHCN of the Ministry of Science and Technology of Vietnam amending Point 13.8. of Circular No. 01/2007/TT-BKHCN, specifically as follows:

- The sufficiency of the application shall be examined within 01 month from the day on which the application is submitted as prescribed in Clause 1 Article 119 of the Law on Intellectual property of Vietnam.

- Where the National Office of Intellectual Property issues a notice as prescribed in Point 13.6.a of Circular No. 01/2007/TT-BKHCN, the period for the applicant to reply to that notice is not included in the time limit for sufficiency examination. This period is:

+ The period from the date of issue of the notice to the day on which the applicant replies to the notice; or

+ the time limit written in the notice (including the extension), in case the applicant does not reply to the notice.

- Where the applicant actively request the revision of the application, or reply to the notice issued by National Office of Intellectual Property as prescribed in Point 13.6.a of Circular No. 01/2007/TT-BKHCN, the deadline for sufficiency examination shall be extended to more 10 days as prescribed in Clause 4 Article 119 of the Law on Intellectual property of Vietnam.

- Before the deadline prescribed in Point 13.8.a, 13.8.b or 13.8.c above, National Office of Intellectual Property must finish examining the sufficiency of the application, and notify the applicant of the result as prescribed in Point 13.6 or 13.7 of Circular No. 01/2007/TT-BKHCN.

View full text at Circular No. 05/2013/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from April 06, 2013.

Thu Ba

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