Accordingly, there are some limitations when it comes to the validity of patent protection. Yet, the validity did not end in the case of time, it also end in a few other cases as the law. So, what is the procedure for invalidation of a patent protection title? Let’s find out with LSX!
- 2005 Intellectual Property Law
Defintion 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
Procedure for invalidation of a patent protection title
Step 1: Submit the dossier
Hence the regulation of the IP law, after finish preparing a dossier of invalidation of a patent protection title; they shall submit it to the Department of Intellectual Property.
Step 2: Process the dossier
Then, after carry out the procedures for requesting invalidation of a protection title; the time limit for settlement is: 10 days following the date of receipt of the application.
After that, the NOIP will issue a decision or notice of refusal to terminate the validity of the protection title within 3 months. This time limit may be extended by up to 3 months if the title holder has a different opinion than the requester.
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
Hence the regulation of law, the applicant must pay the following fees:
Application fee: VND 180,000.
Application publication fee: VND 120,000.
Content appraisal fee: VND 420,000.
Search fee: VND 120,000.
License fee: VND 120,000.
Registration fee: VND 120,000.
The time from the filing date to the date of receiving a reply agreeing to grant a patent is 31 months.