Procedures for terminating the validity of a patent in Vietnam

Patent protection is one of the important legal tools to protect intellectual property rights, promote creativity and healthy competition in the economy. However, this diploma does not always remain valid for the duration of the application. In some cases, the owner or a third party may carry out procedures for invalidating a patent protection title. Thus, what are the procedures for invalidating a patent protection title? The following article Viet An Law will provide detailed information, helping you understand and carry out this procedure effectively.

Cases of invalidation of a patent protection title in Vietnam

Pursuant to Article 95 of the Law on Intellectual Property, amended and supplemented in 2022, a protection title is invalidated in the following cases:

• The protection title holder fails to pay the fee for maintaining the validity or extending the validity as prescribed;
• The protection title holder declares the renunciation of industrial property rights;
• The holder of the protection title no longer exists.

Procedures for terminating the validity of a patent

Step 1: Receive the dossier of request for invalidation of the patent protection title

The client sends a dossier requesting the invalidation of a patent protection title by submitting an online application through the public service portal to the National Office of Intellectual Property.

Note: from 10/08/2025, according to the notice of the National Office of Intellectual Property, the NOIP will prioritize receiving administrative procedures for the procedure for invalidation of a patent protection title in an online form.

A dossier of termination of a patent protection title comprises:

• A declaration of termination or invalidation of an industrial property object protection title, made according to Form No. 08 in Appendix II of Decree No. 65/2023/ND-CP;
• Evidence (if any);
• Written authorization (in case the request is filed through a representative);
• A written explanation of the reasons for the request (clearly stating the number of the protection title, reasons, legal grounds, contents of the request for partial or full termination of the validity of the protection title) and relevant documents;
• Charge and fee payment vouchers (in case of payment of charges and fees via postal services or directly into the account of the National Office of Intellectual Property);
• Power of attorney for Viet An Law (if any);

The records are digitized and attached online via the public service portal.

Step 2: Filing and processing the dossier of termination of the protection title

The dossier is submitted through the public service portal to the National Office of Intellectual Property or representative offices. The National Office of Intellectual Property will check the validity of the dossier

In case the title holder requests the termination of the validity of the protection title:

• Examining the application in terms of form and making a conclusion on the validity of the application;
• Examining the validity of the protection title requesting termination;
• Issue decisions to terminate the validity of protection titles at the request of applicants.

In case a request for invalidation of a protection title is made by a third party:

• Examine the application in terms of form (evidence, reason for request for termination) and make a conclusion on the validity of the application;
• The National Office of Intellectual Property shall issue a notice to the title holder of the opinion of the third person, so that the title holder can have an opinion. The National Office of Intellectual Property may organize the direct exchange of opinions between third parties and the title holder;
• On the basis of considering the opinions of the parties, the National Office of Intellectual Property shall issue a decision to terminate part/all of the validity of the protection title or a notice of refusal to terminate the validity of the protection title;
• The decision to terminate the validity of the protection title shall be recorded in the National Register of Industrial Property and published in the Official Gazette of Industrial Property within 60 days from the date of issuance of the decision.

Step 3: Announce the decision

After the decision on invalidation is issued, the information will be published in the Official Gazette of Industrial Property.

Legal consequences after the termination of the validity of a patent protection title

Termination of the exclusive right to exploit patents

• The patent owner no longer has the exclusive right to use, manufacture, distribute, or commercialize the patent.
• Patents will become public domain, allowing any person or organization to use them without asking for permission or paying fees.

Expiration of legal protection

The owner cannot ask the authorities or the court to deal with acts of infringement of the rights to the patent. Contracts for assignment and licensing related to patents will no longer be valid if they are stipulated depending on the validity of the protection title.

For Third Parties

• Other individuals and organizations have the right to freely use patents without worrying about infringement of intellectual property rights.
• Businesses can take advantage of patents to manufacture, improve, or commercialize products without paying licensing fees.

Not renewed or reinstated

• Once the validity of the protection title is terminated (due to the expiration of the term or voluntary request), there is no mechanism for reinstating the title.
• In case of termination due to failure to pay the maintenance fee on time, it can only be restored within the 6-month grace period. After this time, the validity will cease to be permanent.

For the interests of stakeholders

• Owner: No longer entitled to profit from the exploitation of the patent.
• Previous users of patents: If a licensing agreement has been signed, the right to use may be affected according to the terms of the contract.

Viet An Law Services on procedures for invalidation of patent protection titles

• Legal advice on procedures for invalidation of a patent protection title;
• Drafting dossiers for invalidation of patent protection titles;
• Submitting dossiers and monitoring the progress at the National Office of Intellectual Property;
• The client’s representative submits the dossier at the National Office of Intellectual Property and updates the processing status.
• Exchanging and providing information to clients in the process of carrying out procedures for invalidation of a patent protection title.
• Handling disputes related to termination requests
• Consulting on the transfer of patents before termination
• Assistance with renewal or restoration (if needed)

The above is all the content related to the procedures for invalidating the patent protection title of Viet An Law. If you need legal advice, please contact us for the best support!