Procedures for amending applications and transferring patent/utility solution applications

1. Procedures for amending applications and transferring patent/utility solution applications

1.1 Procedures for amending patent/utility solution applications

- Before the Intellectual Property Office issues a Decision to refuse to accept a valid application, a Decision to refuse to grant a protection title or a Decision to grant a protection title, the applicant can take the initiative or at the request of the Department. Intellectual property amendment application.

- Dossier for amending the application includes:

(i) Declaration requesting amendment of industrial property registration application, typed according to form No. 04, Appendix II of Decree 65/2023/ND-CP (Form attached).

(ii) Legal documents proving the amendment [Particularly for requests to amend the content of an invention/utility solution application, the applicant must submit the corresponding amended document along with the amended version. explain in detail the content of the amendment compared to the original submitted document, specifically: Part or all of the description, summary of the invention/utility solution for the invention/solution registration application useful. At the same time, the amendment must not expand the scope (volume) of protection already disclosed in the description of the patent/utility solution application];

(iii) Power of attorney (if the request to amend the application is submitted through an industrial property representation service organization);

(iv) Fee for appraisal of request to amend the application (160,000 VND/01 content of request for amendment), Publication fee (120,000 VND/01 request for amendment in case the patent application has already had an Acceptance Decision). receive valid application).

- The request to amend the application is submitted after the notice of intention to grant a protection title and payment of fees and charges in the case of amending information related to the nature of the subject matter stated in the application (specifically, the description). invention/utility solution), the application must be re-examined and a content appraisal fee calculated according to the independent protection claim (720,000 VND/01 independent protection claim point) will be collected.

- Time limit for processing requests to amend invention/utility solution applications: 06 months (with content appraisal); 10 days (with formal appraisal)

- Application form:

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

(i) Paper application form

The applicant can submit a request for amendment directly or via postal service to one of the application receiving points of the National Office of Intellectual Property, specifically:

- Head office of the Department of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.

- Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting a request to amend an application by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application file to one of the application receiving points. mentioned above by the National Office of Intellectual Property to prove the amount paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

(ii) Online application form

- Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to carry out transactions. Translation of industrial property rights registration.

- Online application submission procedure: The applicant needs to declare and submit a request to amend the application on the online application receiving system of the National Office of Intellectual Property, after completing the declaration and submitting the application above. The system receives online applications. The system will return to the applicant a Confirmation of online document submission. Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during business hours to present the Confirmation of documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are complete as prescribed, the application receiving officer will issue the application number to the Declaration on the Online Application Receiving System. If the documents and fees/fees are insufficient as prescribed, application will be refused. In case the Applicant does not complete the application procedure as prescribed, the online documents will be destroyed and a Notice of Cancellation of Online Documents will be sent to the Applicant on the Online Application Receiving System.

[Article 115 of the Intellectual Property Law; Article 119.4 Intellectual Property Law; Article 16.3.d Decree 65/2023/ND-CP]