PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS PATENT IN VIETNAM

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS PATENT IN VIETNAM
October 06 12:14 2019 Print This Article
1.Procedure for amendment/ transfer of invention or utility solution applications
1.1 Procedure for amendment of invention or utility solution applications
-Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
– A request for application amendments includes:
(i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the invention or utility solution registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: invention or utility solution description or abstract. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the description];
(iii) Power of attorney (in case the request is filed through a representative);
(iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
– An application amendmentsr equest is filed after the IPVN issues Notification of intended grant of certificates andpay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, description of invention/ utility solution), the application must be re-examination and the fee for substantive re-examination is calculated based on the number of independent points in the claim (VND 720,000/ 01 independent point).
– The time limit for processing a dossier for registration of an invention/ utility solution application amendmentsrequest is 02 months (not including the time for the dossier-filing person to correct errors).
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(i) Paper filing
The applicant may submit a request for application amendments directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing a request for application amendments by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing a request for application amendments on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
1.2 Procedure for transfer of invention or utility solution applications
– Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/ her application to another person.
– A request for application transfer includes:
(i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
(ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
(iii) Power of attorney (in case the request is filed through a representative);
(iv) Fee for application transfer request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application transferin case the application has been accepted as a valid application).
– The time limit for processing a dossier for registration of an invention/ utility solution application transfer request is 02 months.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(i) Paper filing
The applicant may submit an application transfer request directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing an application transfer request on the IPVN’s Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
2. Procedure for division/ conversion of invention or utility solution applications
2.1 Procedure for division of invention or utility solution applications
– Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
– A request for application division includes:
(i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified;
(ii)  02 descriptions of the invention or utility solution,in which the object claimed for protection in the divisional application must be the object included in the parent application and must be different from the object requesting protection in the parent application after being divided;
(iii) Documents request in writing, proposal for divideinvention or utility solution application;
(iv) Power of attorney (in case the request is filed through a representative);
(v) For each divisional application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).
– The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(i) Paper filing
The applicant may submit a request for application division directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing a request for application division by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing a request for application division on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
2.2 Procedure for conversion of invention or utility solution applications
– Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicantmay convert the application for an invention patent into one for a utility solution patent or vice versa.
– A request for application conversion includes:
(i) 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN [Note: If the parent application form is checked (x) in the box “Request for patent”, then for the converted application declaration form, the corresponding (x) must be checked in the box “Request for utility solution” or vice versa];
(ii) 02 descriptions of the invention or utility solution;
(iii) Documents request in writing, proposal for convert invention or utility solution application;
(iv) Power of attorney (in case the request is filed through a representative);
(v) Fee for application (VND 150,000) and the fee for publication (VND 120,000 in case the parent application has been accepted as a valid application).
– The time limit for processing a converted application: After receiving a valid request for application conversion, the IPVN shall continue carrying out the procedures for processing the converted application according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is made.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(i) Paper filing
The applicant may submit a request for application conversion directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing a request for application conversion by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing a request for application conversion on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
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