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Patent Complaint Settlement Regulations

Patent litigation regulations are an important part of protecting intellectual property rights. Understanding these regulations will not only help you handle complaints effectively, but also ensure that your rights are optimally protected. This article will provide detailed information about patent litigation regulations, helping you better understand the steps to take and the legal requirements involved.

1. General provisions

1.1. Right to complain

Applicants and all organizations and individuals with rights and interests directly related to decisions or notices related to the processing of industrial property registration applications issued by the state management agency of industrial property have the right to file complaints with the state management agency of industrial property or file lawsuits in court in accordance with the provisions of the Law on Intellectual Property and relevant laws.

1.2. Time limit for complaints

The first complaint shall be made within ninety days from the date the person entitled to complain receives or learns of the decision or notice on the processing of the industrial property registration application;

The second complaint is thirty days from the date of expiration of the first complaint settlement period if the complaint is not settled or from the date the person with the right to complain receives or knows about the decision to settle the first complaint.

1.3. Complaint procedure

If the complaint is not resolved within the time limit set by the authority directly issuing the decision or notice related to industrial property (first complaint), or if the complainant or person with rights or interests directly related to that decision does not agree with the decision to resolve the complaint, the complainant or person with rights or interests directly related to that decision has the right to appeal to the Minister of Science and Technology (second complaint) or file a lawsuit in court. If the complainant or person with rights or interests directly related to that decision does not agree with the decision to resolve the complaint by the Minister of Science and Technology, the complainant or person with rights or interests directly related to that decision has the right to file a lawsuit in court.

1.4. Complaints file

The content of the complaint must be expressed in a complaint form, which must clearly state the full name and address of the complainant; number, date of signing, content of the notice or decision being complained about; content of the complaint, arguments, evidence to support the complaint; specific requests for correction or cancellation of the relevant notice or decision.

2. File a complaint

2.1. Implementation

- Submit application through an industrial property representative or directly at the headquarters of the Department of Intellectual Property and its offices in Ho Chi Minh City or Da Nang.

- By mail.

2.2. Components and number of documents

- Profile components, including:

Declaration form (02 copies according to the form);

+ Written explanation of the complaint and evidence to prove the complaint;

+ Copy of the decision or notice of complaint from the Intellectual Property Office;

+ Copy of the first complaint settlement decision (for second complaints);

+ Power of attorney (if applying through a representative);

+ Documents for payment of fees and charges.

- Number of documents: 02 (sets).

[Article 119a of the Law on Intellectual Property; Articles 7,8,9,33 of the Law on Complaints; Article 36 of Circular 23/2023/TT-BKHCN]