When having a patent title, individuals and organizations might find themselves having many benefits in the market. Yet, the validity of a patent is limited. Therefore, in this article, LSX will give you a brief on the procedure for renewing patent protection under Vietnamese Law.
- 2005 Intellectual Property Law
Definition 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 for renewing patent protection
A dossier for renewing patent protection will contain the following documents:
- Declaration requesting extension of validity of protection title (02 copies)
- The original of the Protection Title
- Power of attorney (if applying through a representative)
- 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)
Procedure for renewing patent protection
Step 1: Submit the dossier
Firstly, individuals and organizations must prepare a dossier as mentioned above. Then they shall submit it to the Department of Intellectual Property.
Step 2: Processing the dossier
Then, the NOIP considers your request for validity maintenance within 1 month from the date of receipt of your request and fees and charges.
In case the dossier is valid: NOIP records it in the National Register of inventions; issues notice on the maintenance of the protection title’s validity and publishes it in the Industrial Property Official Gazette.
In case the dossier is incomplete or invalid. The NOIP issues a notice and sets a time limit of 2 months from the date of notice for you to correct errors or make objections. Otherwise, at the end of the fixed time limit, you do not correct errors or unsatisfactory corrections; have no objections, or have unreasonable objections, the NOIP shall issue a decision. refuse to maintain the validity of the protection title.
Similar to the other form of intellectual property, the Department of Intellectual Property has the right to issue the patent.
The time from the filing date to the date of receiving a reply agreeing to grant a patent is 31 months.
In order to maintain the validity of a patent, the titleholder must pay a maintenance fee and a validity extension fee.