- Article 96 of Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
1. Right to request cancellation of patent/utility solution protection title
Generally, All organizations and individuals with directly related rights and interests that find that the granted patent/utility solution affects the rights of their protection title have the right to request the competent authority to cancel the validity of the patent/utility solution protection title has been granted.
2. File an application for cancellation of a patent/utility solution protection title
In fact, Dossier of application for invalidation and invalidation of a patent/utility solution protection title include:
– Initially, A declaration requesting termination or invalidation of the protection title;
– Additionally, Evidence related to the request for termination/cancellation of the title of Protection Title,
– Lastly, An explanation of the reason for the request (specifying the number of the protection title, reason, legal grounds, contents of the request for termination, partial or total cancellation of the validity of the protection title) and relevant documents is different.
3. Settlement of application for cancellation of patent/utility solution protection title
The process of handling application for invalidation and cancellation of protection title is as follows:
In case the request for termination or invalidation of a protection title is made by a third party, the NOIP shall notify in writing the opinion of the third party to the protection titleholder, specifying the time limit for registration. Specifically, The time limit is 02 months from the date of notification for the protection titleholder to give opinions. Besides, The NOIP may organize a direct exchange of opinions between a third party and the relevant protection titleholder.
On the basis of consideration of the opinions of the parties, the NOIP shall issue a decision to terminate/cancel part/full validity of the protection title or notify the refusal to terminate/cancel the validity of the protection title as prescribed in Clause 4, Article 95 and Clause 4, Article 96 of the Intellectual Property Law.
4. Complaint about the decision to cancel the patent/utility solution protection title
If disagreeing with the contents of the NOIP’s decision on handling a request for termination or invalidation of a protection title, the requester or related party has the right to complain the relevant decision or notice in accordance with the provisions of this Law mentioned in parts I, II, III.
5. Announcement of cancellation of patent/utility solution protection title
Normally, The decision on termination or invalidation of a protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within 2 months from the date of signing the decision.
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