Procedures for withdrawal of applications for registration of industrial property in Vietnam

Procedures for withdrawal of applications for registration of industrial property in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for withdrawing industrial property registration applications are prescribed in Decision 2060/QD-BKHCN 2023 announcing new, abolished administrative procedures in the field of intellectual property within the scope of management functions of the Ministry of Science and Technology, specifically as follows:

1. Application for withdrawal of applications for registration of industrial property in Vietnam

- Document components include:

+ Declaration of withdrawal of application in writing;

+ Authorization document (if submitting the application through a representative), which clearly states the authorization to withdraw the application or must be accompanied by a letter of order specifying the application number to be withdrawn;

- Methods of submiting application:

+ Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.

+ Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.

2. Procedures for withdrawal of applications for registration of industrial property in Vietnam

  - Step 1: Receiving request

Organizations and individuals submit 01 set of documents requesting the withdrawal of industrial property registration applications to the National Office of Intellectual Property.

- Step 2: Processing the application

+ In case the request to withdraw the application has no shortcomings, the National Office of Intellectual Property shall issue a notice accepting the withdrawal of the application and record the withdrawal in the application file. A withdrawn industrial property registration application cannot be restored but can only be used as a basis to claim priority rights.

+ In case the request to withdraw the application is flawed or invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept the withdrawal, clearly stating the reason for the requester to correct the errors or express objections. If the requester does not correct the errors, the correction is unsatisfactory, there is no objection, or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to accept the request to withdraw the application.

3. Regulations on withdrawal of applications for registration of industrial property in Vietnam

- Before the competent State administrative body for industrial property rights decides or refuses to grant a protection title, the applicant shall have the right to make a written declaration on the withdrawal of the application for registration of industrial property in his or her own name or through an industrial property representation service organization, provided that a power of attorney clearly states authorization for withdrawal of the application.

- As from the time an applicant declares withdrawal of the application, all further procedures related to such application shall cease.

- All applications for registration of industrial designs which have been withdrawn or are deemed to have been withdrawn before their publication and all applications for registration of marks which have been withdrawn shall be deemed not to have been filed, except where they serve as grounds for claims for priority right.

(Article 116 of the Law on Intellectual Property 2005, amended by Clause 41 Article 1 of the Law amending Law on Intellectual Property 2022)

4. Documents included in an industrial property registration application in Vietnam

An industrial property registration application shall contain the following documents:

- Declaration for registration, made on the stipulated form;

- Documents, samples and information identifying the industrial property object registered for protection as specified in articles 102 to 106 inclusive of the Law on Intellectual Property 2005;

- Power of attorney, if the application is filed through a representative;

- Documents evidencing the registration right, if such right is acquired by the applicant from another person;

- Documents evidencing the priority right, if such right is claimed;

- Documents describing the origin of the genetic resource or traditional knowledge about the genetic resource, applicable to inventions that are directly derived from the genetic resource or traditional knowledge about the genetic resource;

- Receipt for payment of fees and charges.

(Clause 1, Article 100 of the Law on Intellectual Property 2005, amended by Clause 32, Article 1 of the Law amending Law on Intellectual Property 2022)

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