The extension of industrial design rights is crucial in protecting the interests of designers and businesses. It helps maintain exclusive ownership, prevent infringement by competitors, and sustain a competitive advantage. This not only protects the value of creativity but also encourages innovation and creativity in production, leading to the creation of valuable and distinctive products. Additionally, the extension helps businesses maintain stability and long-term growth in the market.
An industrial design patent is valid for 05 years from the date of filing a valid application. The patent is valid from the date of issue and can be renewed twice in a row, each for 5 years. Thus, the maximum validity period for an Industrial Design Patent is 15 years.
An application for extension may be submitted later than the above-mentioned time limit, but must not exceed 06 months from the date the protection title expires.
In this case, the protection title holder must pay the renewal fee plus 10% of the renewal fee for each month of late payment.
In order to extend the validity of an industrial design patent, within 06 months before the expiration date of the protection title, the owner of the patent must file an application for extension to the Intellectual Property Office Of Vietnam.
After receiving the dossier of request for extension, the Intellectual Property Office Of Vietnam has an appraisal time limit of 01 month from the date of application. However, this period is often extended due to the increasing number of applications for extension of validity.
The results of the implementation will be issued by the Intellectual Property Office Of Vietnam to record the extension of the validity of the industrial design patent and publish it in the Official Gazette of Industrial Property, or issue a decision to refuse to extend the validity (if the dossier is not satisfactory).
The new validity period will be updated to the original Industrial Design Patent and return the title to the owner.
An application for extension of the validity of an industrial design patent includes the following documents:
- A declaration requesting extension of the validity of the protection title.
- The original of the protection title (in case of request for recording the extension of the protection title).
- Power of attorney (in case the application is submitted through a representative).
- Documents for submitting extension fees, announcing extension decisions, and registering the extension decision of the patent according to regulations.
Renewal of industrial design protection patent helps owners protect their legal rights. In order to save time and effort, the design owner can authorize an industrial property representative organization, such as A Dong IP, to carry out the necessary procedures.
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
