1. Definition
Amending a patent is a legal procedure to update information that has changed compared to the details recorded in the protection title, without altering the nature of the invention.
2. Cases Requiring Amendment
- Change of information: Name or address of the patent holder; name or nationality of the inventor.
- Change of ownership: Transfer of ownership rights by inheritance, succession, merger, division, separation, consolidation, joint venture, association, establishment of a new legal entity by the same owner, conversion of business form, or pursuant to a court decision or other competent authority’s decision.
- Corrections: Typographical errors, technical errors, or formatting errors in the protection title.
3. Required Documents
- Original Patent.
- Documents evidencing the change: Original or certified copy of the decision on name/address change; new Enterprise Registration Certificate; legal documents proving the transfer or change of ownership; and other relevant documents.
- Power of Attorney: As per the attached form.
4. Procedure
1. Submit the application to the National Office of Intellectual Property (NOIP).
2. Formality Examination: NOIP examines the validity of the application.
3. Amendment Decision:
o If valid: NOIP records the amendment in the protection title, updates the Patent Register, and publishes it in the Industrial Property Official Gazette.
o If invalid: NOIP issues a notice of intended refusal, setting a time limit of 1 month for the applicant to make corrections or raise objections.
5. Important Notes
- It is advisable to carry out the amendment procedure immediately after any change to ensure the legal validity of the protection title.
- The amendment procedure can be combined with the renewal procedure in the same application if the patent is due for renewal.
- When changing the name or address for multiple patents at the same time, a single application can be filed for all such patents to save time and costs.
Contact: Please contact Á Đông for timely and efficient trademark renewal services.
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, 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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