Amendment of patent protection title in Vietnam

An invention protection title is a document recording the ownership rights of an invention owner to an invention. In the process of receiving a patent for invention and use, for many different reasons, the protection title holder needs to amend that protection title. Following, Viet An Law would like to give information on the Amendment of patent protection title in Vietnam as follows.

Legal basis

• Law on Intellectual Property 2005, amended and supplemented in 2009, 2019;
• Law amending and supplementing a number of articles of the Law on Intellectual Property in 2022;
• Circular No.16/2016/TT-BKHCN amending and supplementing a number of articles of Circular No. 01/2007/TT-BKHCN, amended and supplemented according to Circular No. 13/2010/TT-BKHCN, Circular No. 18 /2011/TT-BKHCN and Circular No. 05/2013/TT-BKHCN.

Cases of amending patent protection titles

The protection title holder has the right to request the state management agency in charge of industrial property rights to amend the following information on the invention protection title, provided that fees and charges must be paid:

• Changing or correcting omissions related to the name and address of the author or patent holder;
• Narrowing the scope of industrial property rights.
• Correct errors in the patent protection title due to the fault of that agency at the request of the protection title holder. (In this case, no fees or charges will be charged).

Dossier for amendment of patent protection title

Dossier to amend an invention protection title includes the following papers:

• Declaration requesting amendment of the protection title of industrial property object (under Form No. 01-SDVB specified in Appendix C issued together with Circular 16/2016/TT-BKHCN);
• Original patent protection title;
• Documents certifying the change of name, address (original or copy certified by a notary or a competent authority); decide to change name and address; a business registration license with a record of the change of name and address; other legal documents proving the change of name, address (certified by a notary public or a competent authority) – if the requested content is the name and address;
• Documents evidencing the transfer of ownership rights, if required to change the protection title holder (documents proving the inheritance, succession, merger, division, separation, consolidation, joint venture, association, establish a new legal entity of the same owner, change the business form or under a decision of a court or other competent authority);
• Document explaining in detail the revised content;
• Power of attorney to carry out procedures for individuals or Power of attorney to carry out procedures for organizations (If the client carries out the procedures, if the application is submitted through a representative such as Viet An Law Firm);
• Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property).

Time limit for processing a request for modification of a patent protection title

The NOIP will consider the request for modification of the protection title within 2 months from the date of receipt of the application.

• If the dossier is valid, the NOIP will issue a decision to amend the protection title, register it and publish the decision on amending the protection title to the Industrial Property Official Gazette.
• If the dossier contains errors or is invalid, the NOIP will issue a notice of its intention to refuse to accept the amendment, clearly stating the reason and setting a time limit of 2 months from the date of issuance of the notice to The protection title holder corrects errors or makes objections. At the end of the above time limit, if there is no correction or unsatisfactory repair, there is no objection or there is an objection but it is not reasonable, the NOIP will issue a decision to refuse the request. Amendment of protection title

Services of Viet An Law on procedures for amending patent protection titles, intellectual property rights

• Legal advice on procedures for amending protection titles;
• Drafting dossiers for amendment of protection titles;
• Submit dossiers and monitor progress at the National Office of Intellectual Property;
• Exchange and provide information to customers in the process of carrying out procedures for amending protection titles.

Any difficulties and problems related to the procedure for amendment of patent protection title in Vietnam, patent registration, please contact Viet An Law Firm for advice!