Procedures for transferring patent/utility solution applications

Procedures for transferring an invention/utility solution application are prescribed as follows:

- Before the Department of PropertyOnce the decision is made to refuse to accept a valid application, a decision to refuse to grant a protection title or a decision to grant a protection title, the applicant can request the National Office of Intellectual Property to record the change of owner. application on the basis of transfer, inheritance, succession or decision of a competent authority.

- Transfer documents include:

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

(ii) Documents transferring the 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 determine that application);

(iii) Power of Attorney (if requesting transfer of application submitted through an industrial property representation service organization);

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

- Time limit for processing requests for transfer of invention/utility solution applications: 06 months (with content appraisal); 10 days (with formal appraisal). In case the request to record changes due to transfer of a trademark application is submitted after notification of intention to grant a protection title, the trademark application must be re-examined and the transfer content announced. The requester must pay the application appraisal fee and publication fee according to regulations.

- Application form:

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

(i) Paper application form

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

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

- Representative office of the National Office 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 application transfer by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application file to one of the application receiving points. mentioned above by the National Office of Intellectual Property to prove the amount paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

(ii) Online application form

- Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to carry out transactions. Translation of industrial property rights registration.

- Online application submission procedure: The applicant needs to 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 above. The system receives online applications. The system will return to 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 documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are complete as prescribed, the application receiving officer will issue the application number to the Declaration on the Online Application Receiving System. If the documents and fees/fees are insufficient as prescribed, application will be refused. In case the Applicant does not complete the application procedure as prescribed, the online documents will be destroyed and a Notice of Cancellation of Online Documents will be sent to the Applicant on the Online Application Receiving System.

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