Division of Vietnam patent applications

Division of Vietnam patent applications
April 02 02:47 2014 Print This Article

a/ The applicant may divide,on his/her own initiative or upon the request of the NOIP,his/her application (division and transfer of one or several technical solutions in an invention registration application,one or several industrial designs in an industrial design registration application,one or several components of a mark or part of the  list of goods and services in a mark registration application to one or several new applications referred to as divisional applications).

b/ A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any) of the parent application; and  shall be published according to the provisions of Point 14 of this Circular after the issuance of the notice on acceptance of valid application.

c/ For each divisional application,the applicant  shall pay a filing fee and all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Divisional applications are subject to formality examination and shall be further processed according to the procedures not  yet completed for their parent applications. Divisional applications shall be re-published and applicants shall pay a publication fee if the division is effected after the NOIP issues notices on acceptance of valid applications for parent applications.

d/ Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment and supplement fee.

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