An invention is a technical solution in the form of a product or process that aims to solve a definite problem by applying the laws of nature. The validity of an Invention Patent does not last forever.
According to the latest provisions of the Intellectual Property Law 2022, an Invention Patent takes effect from the date of issuance and lasts until the end of twenty years from the date of filing.
In order to maintain the validity of an Invention Patent, the holder of the protection patent must pay the fees and charges to maintain the validity. Otherwise, the protection title will be terminated.
The protection certificate will terminate either entirely or partially in the following cases:
- The certificate holder fails to pay fees and charges to maintain the validity or extend the validity as prescribed.
- The validity of a protection title shall automatically terminate from the date of commencement of the first year of validity for which fees and charges to maintain the validity shall not be paid.
Note: The title holder needs to control the validity period to avoid delays that cause the protection title to expire.
The holder of the patent may choose one of the following two ways to request the maintenance of validity:
1. Online submission: Via the information system for handling administrative procedures of the Ministry of Science and Technology.
2. Direct submission or via postal service:
To the headquarters of the INTELLECTUAL PROPERTY OFFICE OF VIETNAM (IPOVN) in Hanoi, or the branch office of the Office in Ho Chi Minh City and Da Nang.
Or: Customers can contact A Dong IP for full and timely support. A Dong IP is an Industrial Property Representative licensed by the Intellectual Property Office of Vietnam to provide intellectual property services related to inventions.
To request the maintenance of validity for the Patent, the patent holder needs to prepare the following documents
- A declaration for extension/maintenance of the validity of an invention/utility solution protection title according to Form No. 07 in Appendix II of Decree 65/2023/ND-CP.
- Power of attorney for the organization or individual to carry out the procedure.
- A copy of the charge and fee payment voucher (in case of submission via postal service or directly to the account of the INTELLECTUAL PROPERTY OFFICE OF VIETNAM).
The Intellectual Property Office will handle the request for maintenance of validity within 01 month from the date of receipt of the request and fees and charges. If the documents is defective or invalid, the Intellectual Property Office will issue a notice and set a time limit of 02 months for the requester to correct the shortcomings or have objections.
In case of failure to correct shortcomings or inappropriate objections: The Intellectual Property Office will issue a decision to refuse to maintain the validity of the protection title.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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