Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
1. General provisions on complaints
1.1. Right to complain
Generally, The applicant and all organizations and individuals with rights and interests directly related to the decision or notice related to the handling of patent/utility solution registration applications issued by the state management agency in charge of patent/utility solution. Therefore, the promulgator has the right to complain to the state management agency in charge of patent/utility solution or initiate a lawsuit in court in accordance with the provisions of the Intellectual Property Law and relevant laws.
1.2. Time limit for complaints
In fact, The first-time complaint is made within ninety days from the date the complainant receives or learns of the decision or notice on the handling of the patent/utility solution registration application;
Additionally, Complaints for the second time are thirty days from the date of expiration of the time limit for settlement of the first complaint that is not resolved or from the date the person with the right to complain receives or learns of the decision on settlement of the complaint. First.
1.3. Complaint Sequences
If the time limit for complaint settlement of the level directly issuing decisions or notices related to patent/utility solution expires (first time complaint). However, the complaint is not resolved or if you disagree with the complaint settlement decision, If the complaint is filed by this agency, the complainant and the person with rights and interests directly related to that decision may lodge a complaint with the Minister of Science and Technology (for the second time) or initiate a lawsuit at court. Conversely, If disagreeing with the complaint settlement decision of the Minister of Science and Technology, the complainant and the person with rights and interests directly related to that decision may initiate a lawsuit at court.
1.4. Complaint dossier
Normally, Complaint contents must be presented in a complaint form, clearly stating the full name and address of the complainant; number, signing date, content of the complained notice or decision; complaint content, arguments, and evidence to prove the complaint; specific request for correction or cancellation of the relevant notice or decision.
2. File a complaint application
2.1. How to file a complaint application
– Initially, File an application through a patent/utility solution representative or directly at the National Office of Intellectual Property’s headquarters and offices in Ho Chi Minh City or Da Nang.
– Besides, By post.
2.2. Composition, number of complaint dossier
+ First of all, Declaration (02 sheets according to the form);
+ Secondly, Written explanation of the complaint and evidence to prove the complaint;
+ Next, A copy of the complained decision or notice of the NOIP;
+ Plus, A copy of the first-time complaint settlement decision (for the second-time complaint);
+ In addition, Power of attorney (if applying through a representative);
+ Further, Proof of payment of fees and charges.
In general, Number of dossiers: 02 (sets).
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Conclusion: So the above is Procedure for patent/utility solution complaint settlement in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
