General provisions on assignment of protection title for patent/utility solution

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

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 assigning protection title for patent/utility solution

+ First of all, 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);

+ Secondly, The contract;

+ Next, Original protection title;

+ Additionally, Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;

+ Plus, Power of attorney (if the dossier is filed through a representative);

+ Further, Fee and charge receipts;

+ Lastly, Other documents (if necessary).

The time limit for assigning protection title for patent/utility solution

IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.

Result for assigning protection title for patent/utility solution

If a dossier contains no error, IPVN shall issue a decision on the registration of the contract. Then, IPVN shall register and publish the decision in the Industrial Property Official Gazette. Conversely, the IPVN shall send to the requester a notice on 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 the rejection of the request for protection title assignment. 

IPVN shall return (if any) the protection title to the owner.

Fees and charges for assigning protection title for patent/utility solution

+ Initially, Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;

+ Next, Fee for publication of the decision of registration of assignment of protection titles: VND 120,000/ 01 request;

+ Finally, Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

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