Maintenance of validity of Patent/Utility solution protection titles

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

Generally, Patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date. Patent’s validity should be maintained annually.

Utility solution shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution’s validity should be maintained annually.

To have the validity of Patent protection title maintained, a protection titleholder shall file a request for maintenance of protection titles’ validity. Then, the titleholder shall pay a validity maintenance fee within six months before the expiration of the validity term.

Normally, The payment of the validity maintenance fee may be delayed for no more than six months after the expiration of the current validity term. However, the protection titleholder shall pay the delayed maintenance fee for each month of delayed payment.

A request for maintenance of validity of Patent/Utility solution protection titles

+ Initially, Declaration requesting maintenance of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);

+ Additionally, 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 maintenance of validity of Patent/Utility solution protection titles

IPVN shall examine the request for validity maintenance within 01 month from the date of receipt of the request.

Result maintenance of validity of Patent/Utility solution protection titles

If the request is valid, IPVN shall record it in the National Register of Industrial Property, issue a notice on the validity maintenance of the protection title. Then, IPVN shall publish notice in the Industrial Property Gazette.

Conversely, if the request is error or invalid, IPVN shall issue a notice of that and fix a time limit to correct the errors or make oppositions. In addition, If the requester fails to correct the errors or unsatisfactorily corrects the errors or makes no opposition or makes unsatisfactory the oppositions within the said time limit, IPVN issues the decision on refusal of the validity to maintain of protection titles.

Fees and charges maintenance of validity of Patent/Utility solution protection titles

+ First of all, Official charge for maintenance: VND 100,000/ 01 points;

+ Secondly, Official charge for delayed maintenance: maintenance fee plus 10% for each month of delayed payment;

+ Next, Fee for examination request for validity maintenance: VND 160,000/ 01 protection title;

+ Besides, Fee for protection title usage (per year):

1.From the 1st year to the 2nd year: VND 300,000/ year/ 01 point

2.From the 3rd to the 4th year: VND 500,000/ year/ 01 point

3.From the 5th to the 6th year: VND 800,000/ year/ 01 point

4.From the 7th to the 8th year: VND 1,200,000/ year/ 01 point

5.From the 9th to 10th year: VND 1,800,000/ year/ 01 point

6.From the 11th to 13th year: VND 2,500,000/ year/ 01 point

7.From the 14th to 16th year: VND 3,300,000/ year/ 01 point

8.From the 17th to 20th year: VND 4,200,000/ year/ 01 point

+ Plus, Fee for publication of Notice of validity maintenance: VND 120,000/ 01 request;

+ Finally, Fee for recording valid information into the National Register of Industrial Property: VND 120,000/ 01 protection title.

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