Regulations on request for termination of validity of a patent (due to the patent owner declaring renunciation of industrial property rights)

The Certificate of Protection shall be terminated when the owner of the Certificate of Protection declares to abandon the intellectual property rights. The Intellectual Property Office shall consider and issue a Decision to terminate the validity of the Certificate of Protection from the date of receipt of the declaration of the owner of the Certificate of Protection.

1. The dossier requesting termination of the validity of the VBBH includes:

+ Declaration form requesting termination of the validity of the VBBH (according to form No. 08 in Appendix II of Decree 65) (Attached form);

+ Explanation of the reason for requesting termination of the validity of the VBBH;

+ 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).

2. Review period: 15 days from the date of application

3. Implementation results: Issue a Decision to terminate the validity of the IP protection document and publish it in the IP Gazette or a Notice of refusal to terminate the validity of the IP protection document.

4. Fees and charges:

+ Fee for requesting termination of VBBH validity: 50,000 VND/application

+ Fee for appraisal of request to terminate the validity of the insurance certificate: 180,000 VND/insurance certificate

+ Fee for announcing the Decision to terminate the validity of the VBBH: 120,000 VND/application

+ Registration fee for Decision to terminate the validity of the insurance certificate: 120,000 VND/insurance certificate

[Article 95 of the Law on Intellectual Property; Article 32 of Decree 65/2023/ND-CP]

The declaration form is specified in the Appendix attached to Decree No. 65/2023/ND-CP.