When organizations and individuals wish to invalidate patent protection in Vietnam; they must carry out the procedure following the law. So, what will a dossier of invalidation of a patent protection title contain? 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.
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.
Dossier of invalidation of patent protection
- Evidence (if any)
- Power of Attorney
- An explanation of the reasons for requesting the invalidation of a patent protection. The written statement clearly states the number of titles, reasons, legal grounds, and contents of the request for partial or complete termination of the protection title’s validity
- 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).
- Relevant documents as prescribed in Clauses 7, Clause 21, Article 1 of Circular 16/2016/TT-BKHCN
In order to maintain the validity of a patent, the titleholder must pay a maintenance fee and a validity extension fee.
Hence the regulation in IP law, the protection for the inventions may stay in the form of a patent; in case they fulfill the following conditions:
– Having novelty
– Having a creative level
– Capable of industrial application
Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.