Procedure for transfer of patent or utility solution applications

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

Before the IPVN issues decisions on the rejection of an application, decisions on refusal to grant a protection title, or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of application to another person. 

A request for application transfer

(I) First of all, 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);

(ii) Secondly, Documents proving that the transferee satisfies the requirement on the right of registration;

(iii) Additionally, Power of attorney (in case through a representative);

(iv) Plus, Fee for application transfer request is VND 160,000/ 01 content of the request. Besides, the fee for publication is VND 120,000/ 01 request for application transfer in case the application has been accepted as a valid application.

The time limit for processing a dossier for registration of an patent/ utility solution application transfer request is 02 months.

Methods of filing transfer application

The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

(i) Paper transfer filing

The applicant may submit an application for a patent/utility solution directly or via postal service to one of the IPVN’s applications receiving places, specifically as follows:

  • Firstly, Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
  • Secondly, Representative Office of IPVN in Ho Chi Minh City. Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
  • Thirdly, Representative Office of IPVN in Da Nang City. Address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of filing an application for a trademark by post, The applicant must transfer the application charges/ fees by postal service.

(ii) Online transfer filing

  • Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account on the IPVNon the Online Application Receiving System.
  • Online application process:
    + The applicant needs to complete the steps of filing transfer application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
    + The applicant needs to present the confirmation of the online submission to one of the IPVN’s office attached documents (if any). In addition, the applicant pay fees/ charges within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    + If one of the documents and fees/ charges is not fully, the application will be denied. 
    + Especially, if the applicant fails to complete the prescribed application procedure, the online application procedure will cancel.

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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