Procedures for converting patent/utility solution applications

Procedures for converting an invention/utility solution application are as follows:

- Before the National Office of Intellectual Property issues a Decision to refuse to accept an application, a Decision to refuse to grant a protection title or a Decision to grant a protection title, the patent applicant can change the request for a Patent. Invention rights become a request for a utility solution patent or vice versa.

- Application conversion documents include:

(i) Invention registration application declaration, typed according to form No. 01, Appendix I of Decree No. 65/2023/ND-CP [Note: Initial registration application declaration, mark (x) in the box “ Request for grant of patent for invention" then for the declaration of conversion application, it is necessary to mark the corresponding (x) in the box "Request for grant of patent for utility solution or vice versa] (Form attached);

(ii) Description of invention/utility solution

(iii) Document requesting conversion of patent/utility solution application;

(iv) Power of Attorney (if the application is submitted through an industrial property representation service organization);

(v) Application fee (150,000 VND), Publication fee (120,000 VND in case the patent/utility solution application has had a decision accepting the valid application).

- Time limit for processing the conversion application: After receiving a valid application conversion request, the National Office of Intellectual Property continues to carry out the procedures for processing the conversion application according to corresponding regulations, but does not carry out the procedures again. procedures carried out before the conversion request.

- 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

Applicants can submit application conversion documents 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 application conversion documents 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. of 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 procedure: The applicant needs to declare and submit application conversion documents 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 and Article 17 of Decree 65/2023/ND-CP]