Regulations on maintaining the validity of protection titles in Vietnam

An Invention Patent is valid from the date of issue until the end of 20 years from the filing date/international filing date. Protection needs to be maintained annually.

The Utility Solution Patent is valid from the date of issue until the end of 10 years from the filing date/international filing date. Protection needs to be maintained annually.

To maintain the validity of a Warranty Title, within 06 months before the end of the validity period, the Owner of a Warranty Title must submit a request to maintain validity. The application to maintain validity can be submitted late but not more than 06 months from the end date. validity period and the owner of the protected title must pay an additional fee to maintain the validity late.

- Documents required to maintain validity include:

+ Declaration requesting maintenance of validity (according to form No. 07 in Appendix II of Decree 65/2023/ND-CP) (Form attached);

+ Power of attorney (in case the request is submitted through a representative);

+ Copy of proof of payment of fees and charges according to regulations;

+ Other documents (if necessary).

- Evaluation time limit: 01 month from the date of application submission

- Implementation results: Issue a Notice to record the maintenance of the validity of the protection title and publish it in the Industrial Property Official Gazette or a decision to refuse to maintain the validity of the protection title.

- Fees and charges:

+ Validity maintenance fee: 100,000 VND/point

+ Late maintenance fee: 10% maintenance fee/each month of late payment

+ Fee for appraisal of maintenance request: 160,000 VND/protection title

+ Insurance title usage fee (per year):

Years 1 - 2: 300,000 VND/year/point

Years 3-4: 500,000 VND/year/point

Years 5-6: 800,000 VND/year/point

Years 7-8: 1,200,000 VND/year/point

Years 9-10: 1,800,000 VND/year/point

Years 11-13: 2,500,000 VND/year/point

Years 14-16: 3,300,000 VND/year/point

Years 17-20: 4,200,000 VND/year/point

+ Fee for publishing Notice of Recording and Maintaining: 120,000 VND/application

+ Information registration fee to maintain validity: 120,000 VND/BH

[Article 93, Article 94 of Intellectual Property Law; Article 30 of Decree 65/2023/ND-CP]