Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
1. Patent/utility solution complaint handling
a) Generally, Within 10 days from the date of receipt of the patent/utility solution complaint application, the person who is competent to settle the complaint must examine the application according to the requirements on the form. Besides, the competent person must issue written notice to the complainant as to whether the complaint is admissible. The notice records the date of receipt of the application or states the reason for not accepting the application clearly.
b) Complaints will not be accepted if they fall into one of the following cases:
(i) Firstly, The complainant has no right to complain;
(ii) Secondly, Complaint filed outside the prescribed statute of limitations;
(iii) Finally, The complaint does not meet the requirements specified at Points 22.1 and 22.2 of this Circular.
2. Related party
a) In fact, For accepted complaints, the person who is competent to settle complaints shall notify in writing the contents of the complaint to the person with directly related rights and interests (“related party”). Additionally, the competent person shall press set a time limit of 1 month from the date of notification for that person to give opinions.
b) Besides, The related party has the right to provide information and evidences to prove argument within the time limit specified at point 22.6.a above. Accordingly, the competent person is responsible for considering such information, evidence when settling the complaint.
c) If at the end of the above-mentioned time limit, the concerned party has no opinion, the competent authority shall settle the complaint on the basis of the complainant’s opinion.
3. Patent/utility solution complaint settlement decision
a) Based on arguments and evidences of the complainant and related parties, the competent person must issue a complaint settlement decision within the time limit for complaint settlement.
b) Before making a decision to settle the complaint, the competent person informs the complainant and the relevant party about the arguments and evidence of the other party used to settle the complaint, and complaint settlement conclusion.
c) The complaint settlement decision must contain the contents as prescribed by the law on complaints.
4. Announcement of Patent/utility solution complaint settlement decision
The competent authority shall publish the decision on complaint settlement in the Industrial Property Official Gazette within 2 months from the date of signing the decision.
5. Effect of Patent/utility solution complaint settlement decision
a) A first complaint settlement decision: If the expiration of the statute of limitations for making a second complaint, the complainant does not make a second complaint. And after the statute of limitations for initiating an administrative lawsuit if the complainant does not initiate an administrative lawsuit.
or
b) The second complaint settlement decision: the complainant does not initiate an administrative lawsuit within the prescribed time limit. Or according to the effective court decision if the complainant initiates an administrative lawsuit.
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