Procedures for transferring patent/utility solution applications

Before the Intellectual Property Office issues a Decision to refuse to accept a valid application, a Decision to refuse to grant a protection certificate or a Decision to grant a protection certificate, the applicant may request the Intellectual Property Office to record the change of the applicant on the basis of assignment, inheritance, succession or decision of a competent authority.

1. Transfer documents include:

(i) Declaration form requesting the recording of the transfer of industrial property registration application, typed according to form No. 05, Appendix II, Decree 65/2023/ND-CP (Attached form);

(ii) Documents on transfer of industrial property registration application (original or certified copy clearly stating the names and addresses of the transferor and transferee; transferred application number or sufficient information to identify the application);

(iii) Power of attorney (if the request for assignment of application is submitted through an industrial property representative service organization);

(iv) Fee for examining request for transfer of application (VND 160,000/01 application); Publication fee (VND 120,000/01 application in case the application for invention/utility solution has a Decision accepting a valid application).

- Time limit for processing a request for transfer of a patent/utility solution application: 06 months (with substantive examination); 10 days (with formal examination). In case the request for recording changes due to the transfer of a trademark application is submitted after the notice of intended grant of a protection certificate is issued, the trademark application must be re-examined and the content of the transfer published. The applicant must pay the application examination fee and publication fee as prescribed.

2. Application form:

Applicants can choose to submit a paper application or an online application to the Intellectual Property Office, specifically:

(i) Paper application form

Applicants can submit a request for transfer of application directly or via postal service to one of the application receiving points of the Intellectual Property Office, specifically:

- Head office of the Intellectual Property Office, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the Department 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 a request for transfer of application by post, the applicant needs to transfer money via postal service, then photocopy the Money Transfer Receipt and send it with the application to one of the above application receiving points of the Intellectual Property Office to prove the amount of money paid.

(Note: When transferring fees to one of the above application receiving points of the Intellectual Property Office, the applicant must send the application via post to the corresponding application receiving point).

(ii) Online application form

- Conditions for submitting an application online: Applicants must have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the Intellectual Property Office to carry out IP registration transactions.

- Online application submission procedure: The applicant must declare and submit a request for application transfer on the Online Application Receiving System of the National Office of Intellectual Property. After completing the declaration and submitting the application on the Online Application Receiving System, the System will send 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 Online Document Submission and accompanying documents (if any) and pay the prescribed fees/charges. If the documents and fees/charges are complete as prescribed, the officer receiving the application will issue an application number to the Declaration on the Online Application Receiving System. If the documents and fees/charges are not complete as prescribed, the application will be rejected. In case the Applicant fails to complete the application procedure as prescribed, the online document will be cancelled and a Notice of Online Document Cancellation will be sent to the Applicant on the Online Application Receiving System.

[Article 18 of Decree 65/2023/ND-CP]