Accordingly, if the owner of any invention owner wishes to renew the patent protection in Vietnam, they must carry out the required procedure. So, what is the dossier for renewing patent protection under Vietnamese Law? Let’s find out with LSX!
- 2005 Intellectual Property Law
Definition of inventions, patent
Accordingly, an invention is a technical solution in the form of a product or process that solves a defined problem by applying the laws of nature. In fact, inventions are subject to industrial property rights; and the protection will apply in case the inventions fulfill the requirements of the IP Law.
The definition also applies to the case of foreign inventions. Because, in Vietnam, foreigners also have the right to register for a patent protection.
On the other hand, a patent is a document issued by a competent state agency to an organization; or individual in order to establish industrial property rights for inventions.
Conditions for renewing patent protection
In order to maintain the validity of a patent, the title holder must pay a maintenance fee and a validity extension fee.
In order to maintain the validity of an invention protection title; the protection title holder must pay the validity maintenance fee; within 06 months before the expiry date of the validity term. In fact, this fee may be paid later; but must not exceed 06 months from the expiry date of the previous validity period; and the protection title holder must pay an additional 10% of the fee for each month of late payment.
Dossier for renewing patent protection
A dossier for renewing patent protection will contain the following documents:
- Declaration requesting extension of validity of protection title (02 copies)
- The original of the Protection Title (in case the extension is requested to be recorded in the Protection Title)
- Power of attorney (if applying through a representative)
- Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service ;or directly into the account of the National Office of Intellectual Property)
Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.
Hence the regulation of law, the applicant must pay the following fees:
Application fee: VND 180,000.
Application publication fee: VND 120,000.
Content appraisal fee: VND 420,000.
Search fee: VND 120,000.
License fee: VND 120,000.
Registration fee: VND 120,000.