Regulations on maintaining the validity of patent protection certificates

Patents are valid from the date of grant until the end of 20 years from the date of filing/international filing date. The protection must be maintained annually.

Utility Solution Patents are valid from the date of grant until the end of 10 years from the date of filing/international filing date. The protection must be maintained annually.

To maintain the validity of the insurance policy, within 06 months before the end of the validity period, the insurance policy owner must submit a request to maintain validity. The application to maintain validity can be submitted late but not later than 06 months from the end of the validity period and the insurance policy owner must pay an additional late maintenance fee.

- The application for maintenance of validity includes:

+ Application form for maintaining validity (according to form No. 07 in Appendix II of Decree 65/2023/ND-CP) (Attached form);

+ Power of attorney (in case of submitting request through representative);

+ Copy of documents for payment of fees and charges as prescribed;

+ Other documents (if necessary).

- Review period: 01 month from the date of application

- Implementation result: Issuance of Notice of maintaining the validity of the VBBH and publication in the Industrial Property Gazette or Decision to refuse to maintain the validity of the VBBH

- Fees:

+ Maintenance fee: 100,000 VND/point

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

+ Maintenance request appraisal fee: 160,000 VND/VBBH

+ VBBH usage fee (per year):

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

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

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

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

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

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

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

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

+ Fee for publishing Notice of maintenance record: 120,000 VND/application

+ Registration fee for maintaining validity information: 120,000 VND/VBBH

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