Issuing duplicates and reissuing protection titles of 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

In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Accordingly, other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee.

Normally, an industrial property right holder may request the IPVN to regrant the protection title/duplicate of a protection title in the following cases: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used. However, the holder shall pay a regrant fee,

A request for issuing duplicates and reissuing protection titles of patent/utility solution

+ First of all, Declaration requesting a grant of duplicates/ reissue of protection titles, (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Additionally, Sets of photos or drawings of industrial designs;

+ Besides, Power of attorney (in case through a representative);

+ Next, A copy of the receipt of fees and charges as prescribed;

+ Lastly, Other documents (if necessary).

The time limit for issuing duplicates and reissuing protection titles of patent/utility solution

IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.

Result for issuing duplicates and reissuing protection titles of patent/utility solution

If that request satisfies the above requirements, IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title. Then, IPVN shall record the title in the section for registration of the protection title in the National Register of Industrial Property. Further, IPVN shall publish the title in the Industrial Property Gazette.

If a request for granting/ re-granting fails to satisfy the requirements above, the IPVN shall issue a decision on refusal. 

Fees and charges for issuing duplicates and reissuing protection titles of patent/utility solution

+ Fee for publication of a decision on the grant of a protection title duplicate/ reg-rant of the protection title: VND 120,000/ 01 request;

+ Fee for recording a decision into the National Register of Industrial Property: VND 120,000/ protection title.

+ Public service fee (temporarily not calculated because there are no specific regulations).

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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