- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
Generally, Transfering the patent/utility solution use right means the permission by the owner of such patent/utility solution for another organization or individual to use the patent/utility solution within the scope of using right. Transfering the use right must be established in the form of written contracts.
A dossier on patent/utility solution use right transfer
+ Initially, Written declaration for registration of the transfer of industrial property rights contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
+ Additionally, 02 originals or 02 valid copies of the contract;
+ Besides, Written consent of co-owners to the right transfer, if the relevant 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 on patent/utility solution use right transfer
IPVN shall examine the requests for registration of the transfer contract within 02 months from the date of receipt of the request.
Result on patent/utility solution use right transfer
If a dossier for registration of a transfer of industrial property right contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration. Then IPVN shall register and publish the certificate in the Industrial Property Official Gazette.
Conversely, the IPVN shall send to the requester a notice of 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 rejection of the request for registration.
Return (if any): certificate of registration of a transfer contract, the protection title to the owner.
Fees and charges on patent/utility solution use right transfer
+ First of all, Fee for granting a certificate of registration of the transfer contract: VND 120,000/ 01 request;
+ Secondly, Fee for examination request for registration of a transfer contract: VND 230,000/ 01 protection title;
+ Next, Fee for publication of decision on the grant of a certificate of registration: VND 120,000/ 01 request;
+ Finally, Fee for recording decision on the grant of a certificate of registration into the National Register of Industrial Property: VND 120,000/ 01 protection title.
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