Extension of validity of contracts on licensing of patent

by ThanhMai

Legal grounds

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

The extension of validity of the patent licensing contract occurs when the parties agree to continue performing the contract after the term of the contract has expired. Or in case the parties need to extend the validity of each IP object licensed in the contract.

The extension of validity of registered contracts on licensing of a patent shall all be recorded by the IPVN.

A dossier requesting recording of extension of validity of a contract on licensing of a patent

+ First of all, Written declaration requesting recording of extension of the contract on licensing of a patent (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ Secondly, The original certificate of registration of the contract on licensing of an industrial property object;

+ Thirdly, Documents evidencing the amendment of the names and addresses of the contracting parties;

+ Additionally, Agreements or documents on recording of specific contract clauses that need to be modified or supplemented;

+ Besides, Power of attorney (if the request is filed through a representative);

+ Plus, Fee and charge receipts;

+ Lastly, Other documents (if necessary).

The time limit for extension of validity of a contract on licensing of a patent

IPVN shall examine the requests for recording of extension validity of a contract on licensing of a patent within 01 month from the date of receipt of the request.

Result for extension of validity of a contract on licensing of a patent

In fact, If the dossier is valid, the IPVN shall issue a decision on recording of extension of validity of the contract on licensing of a patent. Then, IPVN shall record the extension in a certificate of registration of the contract on licensing. Besides, IPVN shall publish the decision on recording of extension in the Industrial Property Official Gazette.

Return (if any): certificate of registration of patent licensing contract that has updated the extension of the validity of the contract.

Fees and charges for extension of validity of a contract on licensing of a patent

+ Initially, Fee for examination request for recording of extension of validity of patent licensing contract: VND 160,000/ 01 protection title;

+ Plus, Fee for publication of decision on recording the extension of validity of the contract on licensing of a patent: VND 120,000/ 01 request;

+ Additionally, Fee for recording the extension of validity of the contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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