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PROCEDURE RELATED TO INDUSTRIAL DESIGN PATENTS IN VIETNAM

By
sblaw
-
1. General provisions on renewal of validity of protection titles
Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.
To have the validity of his/ her industrial design protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
– A request for renewal of protection titles’ validity includes:
+ Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);
+ Original protection title (if the extension is requested to be recorded in the protection title);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
– Result: If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title renewal.
Return the protection title to the owner.
– Fees and charges:
+ Official charge for renewal of protection titles: VND 100,000/ 01 variant;
+ Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
+ Fee for examination request for renewal of protection titles: VND 160,000/ 01 protection title;
+ Fee for protection title usage: VND 700,000/ 01 variant;
+ Fee for publication of decision of renewal of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
2. General provisions on grant of protection title duplicates and reissue of protection titles
In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.
In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.
– A request for grant of duplicates/ reissue of protection titles includes:
+ Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Sets of photos or drawings of industrial designs;
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title.
Return the protection title to the owner.
– Fees and charges:
+ Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;
+ Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.
+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).
3. General provisions on amendment or change of holders of protection titles
The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: Change in the name or address of the protection title holder; change in the author’s name or nationality; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency…).
Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property
A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the industrial design patent.
– A written request for amendment or change of holders of protection titles comprises the following documents:
+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
+ Original protection title;
+ Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
+ Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
+ Documents explaining in detail the modified contents;
+ 05 sets of photos or drawings of industrial designs;
+ Power of attorney (if the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for industrial designs not exceeding 04 months and 20 days.
In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.
– Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment.
Return the protection title to the owner.
– Fees and charges:
+ Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
+ Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
– Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;
+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
– Fee for a re-examination in case narrowing of the protection coverage: VND 700,000 / 01 variant.
4. General provisions on assignment of protection titles
Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).
An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).
– A dossier for registration of an industrial property right assignment contracts comprises the following documents:
+ Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ The contract;
+ Original protection title;
+ Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
+ Power of attorney (if the dossier is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.
– Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment.
Return (if any): the protection title to the owner.
– Fees and charges:
+ Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;
+ Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
5. General provisions on licensing of industrial property objects
Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).
– A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
+ Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ 02 originals or 02 valid copies of the contract;
+ Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
+ Power of attorney (if the dossier is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for registration of the license contract within 02 months from the date of receipt of the request.
– Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract.
Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.
– Fees and charges:
+ Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;
+ Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;
+ Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
+ Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract.
The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the IPVN.
– A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents:
+ Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
+ Documents evidencing the amendment of the names and addresses of the contracting parties;
+ Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
+ Power of attorney (if the request is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
– Result:
If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
– Fees and charges:
+ Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of an industrial property licensing contract: VND 160,000/ 01 protection title;
+ Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;
+ Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.
7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
– A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
+ Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract.
Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.
– Fees and charges:
+ Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
+ Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).
8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the request and decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
– A request for termination of validity of protection title includes:
+ Declaration requesting termination of validity of protection titles (according to form 04-CDHB Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Written description of the reason for requesting the termination of validity of protection title;
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
– Result: Based on the result of the examination of requests for termination of validity of protection titles and, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.
– Fees and charges:
+ Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;
+ Fee for examination requests for termination of validity of protection titles: VND 180,000/ 01 protection title;
+ Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS FOR INDUSTRIAL DESIGN IN VIETNAM

By
sblaw
-

1. Procedure for amendment of industrial design 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 industrial design 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: 04 sets of drawings or photos and a description. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
(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).
In case the application is amended in terms of content (additional objects/ variants), the applicant needs to pay an application examination fee for additional objects/ variants (700,000 VND / 01 object/ variant), fee for the patent search for the examination process of additional objects/ variants (VND 480,000/ 01 object / variant), image-publishing fee for additional objects / variants (VND 60,000 / 01 image).
– An application amendments request 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, the set of photos/ drawings and the description), the application must be re-examinationand the fee for substantive re-examination is calculated based on the number of objects (VND 700,000/ 01 objects).
– The time limit for processing a dossier for registration of an industrial design application amendments 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 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.
2. Procedure for transfer of industrial design 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 transfer in case the application has been accepted as a valid application).
– The time limit for processing a dossier for registration of an industrial design 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.

3. Procedure for division of industrial design 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. 03-KDCN 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 parent application must be specified;
(ii)  01 descriptions of the industrial design;
(iii) Documents request in writing, proposal for divide industrial design 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:
+ In case the parent application has had the result of substantive examination of applications:
. Official charges for filing application: VND 150,000/ 01 application;
. Fee for publication of application: VND 120,000/ 01 application;
. Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
. Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).
+ In case the parent application has not yet had the result of substantive examination of applications:
* If the variants stated in the parent application are divided into divisional applications, the divisional application must bear the fees/ charges:
. Official charges for filing application: VND 150,000/ 01 application;
. Fee for publication of application: VND 120,000/ 01 application;
* If the variants are not stated in the parent application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
– 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.

Application form:

REGISTRATION PROCEDURE FOR INDUSTRIAL DESIGNS IN VIETNAM

By
sblaw
-

1. Minimum documents
– 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN;
– 01 copy of the industrial design description; [a description of the industrial design description must satisfy the general requirements specified at Points 33.5 of Circular No. 01/2007/TT-BKHCN and must be contains the following contents:
+ Name of the industrial design;
+ Field in which the industrial design is used;
+ The most similar industrial design;
+ List of photos or drawings;
+ Detailed description of the industrial design;
+ Coverage of protection (or claim for protection) of the industrial design].
– 04 sets of photos or 04 sets of drawings of an industrial design.
– Fee and charge receipts.

2. Other documents (if any)
– Power of attorney (in case the request is filed through a representative);
– Paper on assignment of the right to file an application (if any);
– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
– Documents evidencing the right of priority (if the patent application has a claim for priority right).

3. General requirements for industrial property (IP) registration applications
– Each application can request grant of one protection title which is of a type suitable to the industrial design stated in the application;
– All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
– All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
– For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
– A document consisting of many pages must have page numbers in Arabic;
– All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
– Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
– The application may be accompanied with carriers of electronic data of part or the entire content of its documents.

4. Fees and charges for industrial design registration
– Official charges for filing application: VND 150,000/ 01 application;
– Fee for classification service VND 100,000/ 01 classification.
– Fee for examination: VND 700,000/ 01 object;
– Fee for publication of application: VND 120,000/ 01 application;
– Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
– Fee for the industrial design search for the examination process: VND 480,000/ 01 object;
– Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;

Note:
Apart from sections that need to be filled in, the written declaration must state the criteria for classification of the industrial design sought to be protected in accordance with the International Industrial Design Classification (under the Locarno Agreement). If the applicant fails to classify or inaccurately classifies the industrial design, the IPVN shall carry out the classification for which the applicant shall pay a fee as prescribed. (VND 100,000/ 01 classification).

5. Time limit for processing industrial design registration applications
From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
– An industrial design registration application shall have its formality examination within 01 month from the filing date;
– Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
– An industrial property registration application shall be substantively examined within 07 months from the date of application publication.

6. Methods of filing application 
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

a) Paper filing
The applicant may submit an application for an industrial design 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 for an industrial design 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).

b) 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 industrial design application form 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.

Industrial design in Vietnam

By
sblaw
-
1. Definition
Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
Products herein are understood to mean articles, tools, equipments, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.
2. General conditions for industrial design for protection
An industrial design shall be protected when it satisfies the following conditions:
– Being novel: An industrial design shall be considered novel if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.
– Involving an inventive step: An industrial design shall be considered involving an inventive step if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.
– Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.
3. The following subject matters shall not be protected as industrial designs
(a) Appearance of a product, which is dictated by the technical features of the product;
(b) Appearance of a civil or an industrial construction work;
(c) Shape of a product, which is invisible during the use of the product;
(d) Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.

PROCEDURES RELATED TO PATENTS IN VIETNAM

By
sblaw
-

1. General provisions on maintenance of validity of protection titles

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date.Invention patent’s validity should be maintained annually.
Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution patent’s validity should be maintained annually.
To have the validity of his/her invention protection title maintained, a protection title holder shall file a request for maintenance of protection titles’ validity and pay a validity maintenance fee within six months before the expiration of the validity term. The payment of the validity maintenance fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed maintenance fee for each month of delayed payment.
– A request for maintenance of protection titles’ validity includes:
+ Declaration requesting maintenance of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for validity maintenance within 01 month from the date of receipt of the request.
– Result: If the request is valid, IPVN shall record it in the National Register of Industrial Property, issue a notice on the validity maintenance of the protection title, and publish it in the Industrial Property Gazette. If the request is error or invalid, IPVN shall issue a notice of that and fix a time limit to correct the errors or make oppositions. If the requester fails to correct the errors or unsatisfactorily correct the errors or make no opposition or make unsatisfactory the oppositions within the said time limit, IPVN issues the decision on refusal of the validity maintain of protection titles.
– Fees and charges:
+ Official charge for maintenance: VND 100,000/ 01 points;
+ Official charge for delayed maintenance: maintenance fee plus 10% for each month of delayed payment;
+ Fee for examination request for validity maintenance: VND 160,000/ 01 protection title;
+ Fee for protection title usage (per year):
From the 1st year to the 2nd year: VND 300,000/ year/ 01 point
From the 3rd to the 4th year: VND 500,000/ year/ 01 point
From the 5th to the 6th year: VND 800,000/ year/ 01 point
From the 7th to the 8th year: VND 1,200,000/ year/ 01 point
From the 9th to 10th year: VND 1,800,000/ year/ 01 point
From the 11th to 13th year: VND 2,500,000/ year/ 01 point
From the 14th to 16th year: VND 3,300,000/ year/ 01 point
From the 17th to 20th year: VND 4,200,000/ year/ 01 point
+ Fee for publication of Notice of validity maintenance: VND 120,000/ 01 request;
+ Fee for recording valid information into the National Register of Industrial Property: VND 120,000/ 01 protection title.
2. General provisions on grant of protection title duplicates and reissue of protection titles
In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.
In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: The protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.
– A request for grant of duplicates/ reissue of protection titles includes:
+ Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title.
Return the protection title to the owner.
– Fees and charges:
+ Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;
+ Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.
+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).
3. General provisions on amendment or change of holders of protection titles
The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: Change in the name or address of the protection title holder; change in the author’s name or nationality; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency…).
Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property
A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the invention or utility solution patent.
– A written request for amendment or change of holders of protection titles comprises the following documents:
+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
+ Original protection title;
+ Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
+ Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
+ Documents explaining in detail the modified contents;
+ Power of attorney (if the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for inventions not exceeding 12 months
In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.
– Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment.
Return the protection title to the owner.
– Fees and charges:
+ Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
+ Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
– Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;
+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
– Fee for a re-examination in case of narrowing of the protection coverage: VND 720,000 / 01 point.
4. General provisions on assignment of protection titles
Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).
An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).
– A dossier for registration of an industrial property right assignment contracts comprises the following documents:
+ Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ The contract;
+ Original protection title;
+ Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
+ Power of attorney (if the dossier is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.
– Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on the registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment.
Return (if any): the protection title to the owner.
– Fees and charges:
+ Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;
+ Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
5. General provisions on licensing of industrial property objects
Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).
– A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
+ Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ 02 originals or 02 valid copies of the contract;
+ Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
+ Power of attorney (if the dossier is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for registration of the license contract within 02 months from the date of receipt of the request.
– Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract.
Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.
– Fees and charges:
+ Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;
+ Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;
+ Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
+ Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract.
The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the IPVN.
– A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents:
+ Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
+ Documents evidencing the amendment of the names and addresses of the contracting parties;
+ Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
+ Power of attorney (if the request is filed through a representative);
+ Fee and charge receipts;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the requests for recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
– Result:
If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
– Fees and charges:
+ Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of an industrial property licensing contract: VND 160,000/ 01 protection title;
+ Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;
+ Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.
7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
– A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
+ Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract.
Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.
– Fees and charges:
+ Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
+ Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).
8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the request and decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
– A request for termination of validity of protection title includes:
+ Declaration requesting termination of validity of protection titles (according to form 04-CDHB Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Written description of the reason for requesting the termination of validity of protection title;
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
– The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
– Result: Based on the result of the examination of requests for termination of validity of protection titles and, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.
– Fees and charges:
+ Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;
+ Fee for examination requests for termination of validity of protection titles: VND 180,000/ 01 protection title;
+ Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS PATENT IN VIETNAM

By
sblaw
-
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.

Registration procedure for patent in Vietnam.

By
sblaw
-
1. Minimum documents
– 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN;
– 02 descriptions of the invention or utility solution; [a description of the invention or utility solution must satisfy the general requirements specified at Points 23.6 of Circular No. 01/2007/TT-BKHCN and must be adequately and clearlydemonstratethe following:
+ Title of the invention or utility solution;
+ Use field of the invention or utility solution;
+ Technical state of the use field of the invention or utility solution;
+ Technical nature of the invention or utility solution;
+ Brief description of accompanied drawings (if any);
+ Detailed description of inventionor utility solution realization variations;
+ Examples of inventionor utility solution; realization;
+ Benefits (effects) expected to be achieved];
+ 02 invention protection coverage (hereinafter referred to as the protection coverage or protection claim);
– Fee and charge receipts.
2. Other documents (if any)
– 02 copies of an inventionor utility solution abstract [with no more than 150 words and be presented on an A4 paper sheet. An inventionor utility solution abstract is not required at the time of filing the application and can be added later].
– Power of attorney (in case the request is filed through a representative);
– Paper on assignment of the right to file an application (if any);
– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
– Documents evidencing the right of priority (if the patent application has a claim for priority right).
3. General requirements for industrial property (IP) registration applications
– Each application can request grant of one protection title which is of a type suitable to the technical solution object stated in the application;
– All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
– All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
– For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
– A document consisting of many pages must have page numbers in Arabic;
– All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
– Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
– The application may be accompanied with carriers of electronic data of part or the entire content of its documents.
4. Fees and charges for invention or utility solution registration
– Official charge for filing application: VND 150,000/ 01 application;
– Fee for formality examination: VND 180,000/ 01 independent point;
– Fee for formality examination from page 7 of the description onward: VND 8,000/ 01 page;
– Fee for publication of valid application: VND 120,000/ 01 application;
– Fee for publication of valid application from the 2nd image onwards VND 60,000/ 01 image;
– Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;
– Fee for the patent search for the examination process: VND 600,000/ 01 independent point;
– Fee for substantive examination: VND 720,000/ 01 independent point;
– Fee for substantive examination from page 7 of the description onward: VND 32,000/ 01 page.
Note:
In the section “International patent classification” in the written declaration, the applicant shall state the classification criteria of technical solutions sought to be protected according to the latest International Patent Classification (under the Strasbourg Agreement) published by the IPVN in the Industrial Property Official Gazette. If the applicant fails to classify or correctly classify, the IPVN shall conduct the classification and the applicant shall pay a classification service fee as prescribed (VND 100,000/ 01 international patent classification).
5. Time limit for processing invention or utility solution registration applications
From the date on which the registration application is received by the IPVN, the registration application of an invention or utility solution shall be examined in the following order:
– An invention or utility solution registration application shall have its formality examination within 01 month from the filing date.
– Publication of invention registration applications:
(i) An invention or utility solution registration application shall be published in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within 02 months after it is accepted as a valid application, whichever is later;
(ii) An invention or utility solution registration application under the Patent Cooperation Treaty (hereinafter abbreviated to PCT) shall be published within 02 months from the date it is accepted as a valid application and enters the national phase;
(iii) An invention or utility solution registration application containing a request for earlier publication shall be published within 02 months from the date the IPVN receives that request or the date it is accepted as a valid application, whichever is later.
– An industrial property registration application shall be substantively examined within the following time limits:18 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication;
6. Methods of filing application 
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution 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 for an invention/ utility solution 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’soffice 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).
b) 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 IPVNon the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the IPVN’s Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant.
+ Theconfirmation of online submissionmust 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, anIPVN’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.

Registration procedure for patents in Vietnam

By
sblaw
-
1. Minimum documents
– 02 Declaration for registration which are typed according to form No. 01-SC Appendix A of Circular No. 01/2007/TT-BKHCN;
– 02 descriptions of the invention or utility solution; [a description of the invention or utility solution must satisfy the general requirements specified at Points 23.6 of Circular No. 01/2007/TT-BKHCN and must be adequately and clearlydemonstratethe following:
+ Title of the invention or utility solution;
+ Use field of the invention or utility solution;
+ Technical state of the use field of the invention or utility solution;
+ Technical nature of the invention or utility solution;
+ Brief description of accompanied drawings (if any);
+ Detailed description of inventionor utility solution realization variations;
+ Examples of inventionor utility solution; realization;
+ Benefits (effects) expected to be achieved];
+ 02 invention protection coverage (hereinafter referred to as the protection coverage or protection claim);
– Fee and charge receipts.
2. Other documents (if any)
– 02 copies of an inventionor utility solution abstract [with no more than 150 words and be presented on an A4 paper sheet. An inventionor utility solution abstract is not required at the time of filing the application and can be added later].
– Power of attorney (in case the request is filed through a representative);
– Paper on assignment of the right to file an application (if any);
– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
– Documents evidencing the right of priority (if the patent application has a claim for priority right).
3. General requirements for industrial property (IP) registration applications
– Each application can request grant of one protection title which is of a type suitable to the technical solution object stated in the application;
– All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
– All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
– For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
– A document consisting of many pages must have page numbers in Arabic;
– All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
– Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
– The application may be accompanied with carriers of electronic data of part or the entire content of its documents.
4. Fees and charges for invention or utility solution registration
– Official charge for filing application: VND 150,000/ 01 application;
– Fee for formality examination: VND 180,000/ 01 independent point;
– Fee for formality examination from page 7 of the description onward: VND 8,000/ 01 page;
– Fee for publication of valid application: VND 120,000/ 01 application;
– Fee for publication of valid application from the 2nd image onwards VND 60,000/ 01 image;
– Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;
– Fee for the patent search for the examination process: VND 600,000/ 01 independent point;
– Fee for substantive examination: VND 720,000/ 01 independent point;
– Fee for substantive examination from page 7 of the description onward: VND 32,000/ 01 page.
Note:
In the section “International patent classification” in the written declaration, the applicant shall state the classification criteria of technical solutions sought to be protected according to the latest International Patent Classification (under the Strasbourg Agreement) published by the IPVN in the Industrial Property Official Gazette. If the applicant fails to classify or correctly classify, the IPVN shall conduct the classification and the applicant shall pay a classification service fee as prescribed (VND 100,000/ 01 international patent classification).
5. Time limit for processing invention or utility solution registration applications
From the date on which the registration application is received by the IPVN, the registration application of an invention or utility solution shall be examined in the following order:
– An invention or utility solution registration application shall have its formality examination within 01 month from the filing date.
– Publication of invention registration applications:
(i) An invention or utility solution registration application shall be published in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within 02 months after it is accepted as a valid application, whichever is later;
(ii) An invention or utility solution registration application under the Patent Cooperation Treaty (hereinafter abbreviated to PCT) shall be published within 02 months from the date it is accepted as a valid application and enters the national phase;
(iii) An invention or utility solution registration application containing a request for earlier publication shall be published within 02 months from the date the IPVN receives that request or the date it is accepted as a valid application, whichever is later.
– An industrial property registration application shall be substantively examined within the following time limits:18 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication;
6. Methods of filing application 
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution 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 for an invention/ utility solution 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’soffice 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).
b) 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 IPVNon the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the IPVN’s Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant.
+ Theconfirmation of online submissionmust 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, anIPVN’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.

What is the patent in Vietnam?

By
sblaw
-

1. Definition
Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.
An invention shall be protected by mode of grant of invention patent or utility solution patent.

2. Technical solutions
Technical solution – the object protected under the name of an invention is a set of necessary and sufficient information on technical methods and/ or technical means (application of natural laws) which is intended to solve a mission (a problem).
Technical solutions may be in one of the following forms:
(i) Products in the form of objects, for example, tools, machines, equipment, components, circuits…, expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of structure, that product functions (utilizing) as a means to meet certain needs of human; or products in the form of substances (includingsimple substances, compounds and mixtures), for example materials, food, pharmaceuticals …, expressed in set of information that identifies an artificial product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, functioning (utilizing) as a means to meet certain needs of human; or products in the form of biological materials, for example genes, genetically modified plants or animals …, represented by a collection of information about a product containing modified genetic information under human impact, capable of self-replicating;
(ii) Process or method (production process; diagnostic, predictive, test, process, etc.) is represented by a set of information that determines how to conduct a process, a specific job is characterized by signs (characteristics) of the sequence, participants, measures and means of performing operations to achieve a certain purpose.

3. General conditions for invention or utility solution eligible for protection
An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
– Being novel;
– Involving an inventive step;
– Being susceptible of industrial application.
Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
– Being novel;
– Being susceptible of industrial application.

 

4. The following subject matters shall not be protected as inventions
The following subject matters shall not be protected as inventions accordance with Article 59 of the Intellectual Property Law:
– Scientific discoveries or theories, mathematical methods;
– Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;
– Presentations of information;
– Solutions of aesthetical characteristics only;
– Plant varieties, animal breeds;
– Processes of plant or animal production which are principally of biological nature other than microbiological ones;
– Human and animal disease prevention, diagnostic and treatment methods.

How to write a patent specification?

By
sblaw
-

Title of the invention. The title of the invention is designed to describe the essence of the invention in a few words. The title must clearly and concisely indicate the subject matter to which the invention/innovation relates and must be the same as the title on the Request Form and Abstract.

Cross-reference to related applications. In this section, the applicant lists any provisional patent applications that they are claiming priority to, or if the application is a continuation, the parent application number(s). This is a general broad statement describing the art or technology to which the invention/innovation relates.

Background of the invention. The background of the invention is typically drafted for a jury audience. Selected art in the field is discussed to emphasize differences with the current invention, and to point needed improvements that are provided by the current invention. This should include a summary of any background art known to the applicant which may be useful for understanding the invention/innovations.

Summary of the invention. The summary of the invention, which is distinct from the abstract, is meant to discuss the invention (i.e., the claims) rather than the disclosure as a whole. Often, the summary will discuss advantages of the invention or how it solves the problems existing in the art, such as those presented in the background of the invention. This normally includes a statement of the essential and optional features of the invention and any advantages of the invention or innovation over the known art

Description of the drawings. If drawings are included in the application, a brief description of each drawing is required.

Detailed description of the invention. The detailed description of the invention is the meatiest section of a patent. Its purpose is to adequately and accurately describe the invention. There are generally two sections:

  • A general explanation of the invention and how to practice it.  The invention is described in its broadest sense, to show that the inventors have a broad view of the scope of the elements. Often, preferred embodiments of the invention are described. Such embodiments are generally more limited versions of the broadest concept and are provided for support for a fall-back position of narrower claims if the broader concept is not patentable. Definitions of key terms are often provided and are extremely important in interpreting the scope of the claims.
  • Specific examples of how to practice the invention.  A patent application does not require examples, however in practice, examples can often assist in showing patentability (e.g., enablement). The examples may or may not have been performed by the inventors. “Working” examples present completed undertakings. “Prophetic” examples are hypothetical undertakings and are always written in the present or future tense. Typically, the examples demonstrate practice of one or more specific embodiments of the invention.

(Many new readers find the purposes of these two sections confounding and assume that the examples set forth how the invention will be practiced. Rather, examples are meant only to illustrate, but in no way to limit, the claimed invention).

The Claims

The major function of the claim or claims is to clearly define the scope of protection granted. The claims must be clear and concise and must be supported by and agree with the inven­tion/innovation disclosed in the descriptive part of the patent specifi­cation.

The claims are probably the most important part of the patent speci­fication and, because of their legalistic nature, are probably the most difficult to prepare. For example, it is possible for the patent speci­fication to describe a commercially successful invention but, because of poor or incorrect drafting, the claim (s) may be invalidated because they are drafted too broadly resulting in a lack of newness or inventive step or, conversely, the claims may be drafted too narrowly thus making it easy for competitors to benefit from the invention without infringing the claims.

The claims should commence on a new page and each claim should be written as a single sentence. Whenever appropriate the claim should define the invention/innovation first by indicating the background prior art, followed by a “characterising” portion which defines the features of the invention/innovation which, in combination with the prior art features it is desired to protect. Each technical feature mentioned in the claim (s) and illustrated in the drawings should, wherever possible, be followed by its reference numeral i parenthesis. Only one claim is allowed in a utility innovation specification whereas a plurality of claims are allowed in a patent specification. However, the claims of a patent specification must relate to the same invention. An example of a set of patent claims can be found at Sample of Patent Specification.

Abstract. The abstract is a brief summary of the entire specification.

PATENT PROTECTION TIPS FOR TURKEY

By
sblaw
-
Single Red Document Folder among Many Blue on White Background 3D Illustration, Find Documents Concept

We would like to let you know that New Turkish Industrial Property Law (6769 numbered IP LAW) has been enacted at the beginning of 2017 in TURKEY and there are several new implementations which are very important to protect your patents.

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So, the following points are the major points that shall be taken into consideration while patent registration process and afterwards;

  • Patents and utility models can be protected by national filing, national phase of EP and PCT.
  • UN-EXAMINED PATENT SYSTEM which was available at the previous law has been abolished and only PATENT and UTILITY MODEL protection are allowed with the new law.
  • SEARCH PROCEDURE is brought by the new law for UTILITY MODEL applications but there will be no examination procedure. 
  • Novelty and industrial applicability are required for UTILITY MODELS. (no need to exceed state of art).
  • Patents are protected for 20 years and utility models for 10 years.
  • Oppositions can be filed against patents within 6 months from publication of grant but there is no opposition procedure against utility models. (Cancellation of utility models can only be obtained with the courts.)
  • Most of the procedures (applications, registrations, oppositions, annuities, assignments, mergers etc.) are completed with online action and usually the originals of the documents are not required. But, the original shall be filed if Turkish Patent Office requests in case of doubt.

New Amended Intellectual Property Law 2017 of Lao

By
sblaw
-

New Amended Intellectual Property Law 2017 of Lao.

Please see the attached file for details:  Law on Intellectual Property (Amended) 2017 (ENG) (Proofread)(CLEAN)

Intellectual property and technology transfer

By
sblaw
-
Intellectual property and technology transfer - Ipright.jpg
Intellectual property and technology transfer - Ipright.jpg

SB LAW provides the full range of intellectual property services covering patent, trademark, industrial design, copyright and domain name, enforcement and commercial exploitation of IP rights.

Our group of IP Lawyers and technology specialists is always willing to assist whether you are seeking advices how to begin protecting your unique ideas or to deal with the most complex issues in the various aspects of IP.

Our IP practice covers not only Vietnam but also other countries in Asia and other regions where our associated offices locate. We bring to Client valuable services for patentability research, trademark, industrial design, patent registration, copyright protection, watching and investigation of IP right Infringement, assistance in negotiation and obtaining IP Right Licensing, Franchising, Technology Transfer as well as commercial exploitation of IP Right Objects.

Intellectual property and technology transfer - Ipright.jpg
Intellectual property and technology transfer – Ipright.jpg

Our major clients SBLAW is a perfect choice for large and medium-sized businesses, local and international corporations and organizations.

SBLAW is a full-serviced law firm, dedicating to many clients who have been working with us for many years, among Microsoft, Big C, IBM, AIA, TOTAL, ExonMobil, ESCO, HTC, CSC, LG, DBS bank, ICBC, ING Bank, Hong Leong Bank, Bridge Mind Consulting Pte., Ltd, Luxasia, DSM Singapore Industrial Pte., Ltd, Nippon Steel, Innovar Vietnam, SmartEbook.com, UBM, Netrove Venture, Argentina Embassy in Vietnam, MSH (non-government organization), ADRA, Military Bank, VICEM, VINACONEX, VNPT, VTC Online, VSTV, Vinacomin, Trung Nguyen Group, Kinh Do Group Corporation, HIPT, Viettel Real Estate, VietsovPetro, VNPT, Viettel, Tin Nghia, Eurowindow, Purolite, Ritavo, etc.

We confirm that with many years of experience in the field of Intellectual Property, SB Law’s lawyers are fully capable to advise and represent for your company in this matter.

In particularly, we are the very first law firm company can deal with the infringement of company name since the Decree on this issue has just been issued.

Major IPR Deals

  • Acting for Microsoft to handle copyright infringement in Vietnam. We are their local counsel for IP infringement in Vietnam.
  • Acting for a Japanese Company to handle copyright infringement in Vietnam
  • Acting for a Vietnamese software company to handle copyright infringement of a Vietnamese company in Vietnam
  • Settling the infringement action of a Switzerland company against a Vietnamese company in Vietnam. The company is one of the leading companies over the world as well as in Vietnam in the field of manufacturing electric equipment;
  • Acting for a Singaporean farmer product company to handle the infringement of their registered trademark in Vietnam

Acting for an American food company to handle the infringement of their registered trademark in Vietnam.

  • Acting for a Taiwanese game to handle copyright infringement to many websites’ owners in Vietnam.
  • Acting for a Hong Kong Mobile company in handling infringement of their products in Vietnam
  • Acting for an American ion exchange resins company in handling counterfeit products caused by a trading company in Ho Chi Minh City
  • Acting for an American construction material company to handle infringement of their trademark caused by breaching contract of the company partner in Vietnam.
  • Acting for A Japanese company in a case relating to Copyright Infringement over its handmade glasses in Vietnam;
  • Helping Germany and Japanese companies in copyright disputes with other companies.
  • Helping Copyright Association of Vietnam (VIETRRO) in handling copyright infringement in Vietnam
  • Helping an American company to claim back their trademark by opposing a trademark filed by a Vietnamese company

Major prosecution cases

  • Helping numerous Japanese clients to register patents and trademarks in Vietnam.
  • Acting for Vietnamese Television Online Company in negotiation with Sony Music
  • Entertainment relating to use of music works in Vietnam;
  • Helping top500 companies in Vietnam to register trademark in Vietnam and globally.
  • Helping companies from China, Taiwan, Korea, German and Russia to register patents in Vietnam.
  • Helping a Japanese company to register more than 300 art works in Vietnam
  • We are top 10 IP firms having the most trademark applications in NOIP for years.

Our Awards

The professional performance and services provided by SBLAW has been highly appreciated by both local and international clients.

  • SBLAW is proud to be awarded by ASIALAW Profiles – the world a reputable organization on ranking the leading domestic law firms in Asia Pacific. The ranking are based on the recommendations of in-house counsel at the world’s most prominent companies and financial institutions, as well as the leading lawyers, attorneys and solicitors in each legal market.
  • From 2012 to 2018, SBLAW received honor award by The Legal 500, the most comprehensive worldwide coverage currently available on legal services providers in over 100 countries. SBLAW emerged winner among many other leading law firms in the country for our excellent quality of legal service.
  • In 2012, SBLAW continued to be ranked for the professional achievement and experience in finance and banking by IFRL1000 (the Guide to the World’s Leading Financial Law Firms).
  • In November 2012, SBLAW had one more feather to its cap, for being selected as one of the five law firms awarded by the People’s Committee of Hanoi for the achievement in consultancy to protect the rights and benefits of State and citizens.
  • In 2013-2017, SBLAW continued to be ranked for professional achievement and experienced in finance, banking and Intellectual Property by The Legal 500.
  • In 2018, SBLAW was ranked in the TOP 1 in the Intellectual Property by the Legal 500
  • • From 2013 to 2017, Mr. Pham Duy Khuong – is recommended as Leading Lawyers in IP in Vietnam by Legal 500.

Inquiry about Registration of Computer Software Copyright in Vietnam

By
sblaw
-

Question: Our company from USA intends to register computer software copyrights in Vietnam. We wonder if you can assist us on this matter. If yes, please advise your quote, time frame and the documents thereof for our reference.

Looking forward to your reply.

Answer: Thanks for your email of today regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our updated fee schedule in relation to the copyright registration proceeding in Vietnam as follows:

1.Schedule of fee for registering copyright for computer software:  

 1.1   Copyright information

– Types of works: computer software (program)

 1.2    Fee schedule

Description Official fee

(USD)

 Attorney’s fee

(USD)
1. Fee for filling 01 copyright application for a  computer software program 30.00 220.00
2. Communication costs 30.00
                               Sub-total: 280.00
5%VAT: 14.00
Bank charge: 20.00
Total: 314.00

Noted: The above fees are inclusive of 5% VAT, communication costs and bank charges.

 2.Procedure and timeline: 

 –  The duration of copyright application is around 20 -30 working days. 

  3.Required documents and information:

 The client provides:

 –    02 Notarized copies of Certificate of Business Registration of the Owner

 –    02 copies of the author’s ID or passport

 –    02 Power of Attorney (POA) (SBLAW’s form)

 –   02 statutory declarations of the author(s)

–   02 volumes of written explanations of “software program …” consist of 2 parts: the first part is the content of software and the last part is the software code (5-7 pages). Their cover must clearly indicate the software title, owner’s name and seal of the company. 

 –  02 recording disks of registration software content (including code). Outside the disk casing must clearly indicate the software title, owner’s name and seal of the company.

  SBLAW provides:

  • 02 declarations of the author and the owner (If the author is the owner)
  • 02 commitments of the author(s) of software program
  • 02 Commitments of using image (If any)
  • 02 assigned decision (If the staff of the company/the owner is assigned tasks to program a software program)
  • 02 contracts of lease of programming a software (If the owner hired a third party to program a software program)

 We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us.

INTELLECTUAL PROPERTY RIGHTS

By
sblaw
-

Vietnam is a long time signatory to the Paris Convention, the Madrid Agreement on International Trademark Registration, and the Patent Cooperation Treaty (PCT) and became a member of the World Intellectual Property Organization in 1976. On 27 June 1997, Vietnam entered into an Agreement on Copyright with the US. According to the Vietnam – US Bilateral Trade Agreement, Vietnam is also obliged to adhere to the Berne Convention.

The National Office of Industrial Property (NOIP) is the authority responsible for the registration of industrial property and the resolution of disputes with regard to industrial property in the first instance. Foreign organizations and individuals who seek to register their industrial ownership should file their applications through an authorized agent, who will transfer their application to the NOIP. Also, trademark license agreements must be registered with the NOIP. The Office of Copyright  Protection under the Ministry of Culture and Information has also been established and is responsible for the protection of copyright. Works may be registered with the Ministry of Culture, Sports and Tourism.

Currently, patents are protected for a period of 20 years. A certificate of utility solutions may be granted for 10 years. A certificate of industrial design is granted for five years and may be renewed every five years; however, the total effective period of a certificate cannot exceed 15 years.  Certificates of trademarks are granted for 10 years with no restrictions on the number of renewals. Some moral rights of copyrighted works are protected indefinitely, and other rights are protected up to 50 years for post mortem actors.

What are the new regulations governing intellectual property?

There are some new regulations on intellectual property area in respect of (i) imposition of administrative sanctions against intellectual property, (ii) examination of application for registration of industrial property rights, (iii) protection of plant variety rights and (iv) innovation charter.  These regulations are stipulated in the following legal documents:

  1. Decree No. 131/2013/ND-CP dated 16 October 2013 regarding settlement of administrative violations on copy rights and related rights

The Decree provides for administrative violations of copyright and related rights, sanctions, power and procedures to deal with the violations.

  1. Decree No. 99/2013/ND-CP of 29 August 2013 regarding settlement of administrative violations in respect of industrial property

The Decree provides for administrative violations in industrial property, sanctions, power and procedures to deal with the violations.

  1. Circular No. 05/2013/TT-BKHCN dated 20 February 2013

The Circular provides for amendments on regulation on examination of application for registration of industrial property rights such as time-limit for examination of forms and contents of the applications, the first-to-file basis, supporting documents regarding registration of trademarks.

  1. Circular No. 16/2013/TT-BNNPTNT dated 28 February 2013

The Circular provides for the procedures for registration of rights to plant varieties such as application forms, application fees, representative agencies and evaluation agencies.

  1. Circular 18/2013/TT-BKHCN dated 25 October 2013 regarding innovation charter.

The Circular provides for criteria and procedures for recognition of innovation charter.

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