Patents are one of the “vital” weapons for intellectual property rights holders to gain a unique position in the market for patent-protected products; give the owner the exclusive right to commercialize the product, the right to license the invention to a third party to recover investment capital, and the right to prevent competitors from infringing on the patent. However, due to many subjective and objective reasons during use and operation, the certificate’s validity is terminated. In the article below, Viet An Law will answer questions related to the termination validity of a patent in Vietnam.
Vietnam’s Intellectual Property Law does not define an “invention patent” but only stipulates that inventions are protected in the form of patents if they meet the legal conditions. However, in the simplest terms, a patent is a certificate issued by a competent state agency to the inventor, which includes the exclusive rights that the inventor enjoys for a certain period of time.
Termination of validity of a patent means that the owner of the patent has the right to register and the protected object meets all protection conditions, the patent has been granted but for some reason cannot be maintained.
Pursuant to Article 95 of the Intellectual Property Law, it is stipulated that the patent protection certificate shall be fully or partially invalidated in the following cases:
In Vietnam, the agency competent to grant patents is the National Office of Intellectual Property. This is a patent registration certificate issued by a state agency that records the rights of the author and patent owner to his or her invention. Based on that, the inventor and invention owner will have personal rights and property rights according to the provisions of the law.
Depending on the law of each country, the validity period of a Patent may vary, usually twenty years from the time of filing the request. The reason for this regulation is that inventions exist and gradually decrease in value as humanity progresses. The owner of a patent has the right to exploit the invention for a reasonable period of time sufficient to recoup the costs of creating the invention. After the protection term expires, the invention belongs to society to create conditions for new creations to be born.
Pursuant to Clause 1, Article 30 of the Intellectual Property Law as amended and supplemented in 2022, it is stipulated that in case the owner of a patent does not pay fees or charges to maintain validity within the prescribed period, at the end of the period. At that time, the validity of the protection title automatically terminates from the beginning of the first year of validity, and fees and charges to maintain the validity are not paid.
Components of the dossier to maintain the validity of a patent include:
Thus, in order to maintain the validity of a patent, within 6 months before the end of the validity period, the protection title holder must submit a request to maintain validity. The application to maintain validity can be submitted lately but no more than 06 months from the end of the validity period and the protection title owner must pay an additional fee for maintaining the validity late.
A patent is invalidated when the patent owner declares to give up industrial property rights. The National Office of Intellectual Property will consider and issue a decision to terminate the validity of the title from the date of receiving the declaration of the protection title owner.
Documents required to terminate the validity of a diploma include:
Examination duration: 10 days from the date of application submission.
Pursuant to Clause 1, Article 32 of Decree No. 65/2023/ND-CP, organizations and individuals requesting termination of protection titles must pay the request fee, appraisal fee for termination request, and registration fee. and publication fees. In particular, according to the table of announcement of fees and charges of the National Office of Intellectual Property, including:
Pursuant to Point c, Clause 1, Article 95 of the Intellectual Property Law amended and supplemented in 2022, the validity of the protection title is terminated from the date of issuance decision on terminating the validity of the protection title by the state management agency on industrial property rights when the patent owner no longer exists or the owner of the patent is no longer doing business without a legal successor.
Pursuant to Clause 2, Article 32 of Decree No. 65/2023/ND-CP regulating the composition of required documents:
The Intellectual Property Law regulates several cases that lead to the termination of a patent. Consequences of patent termination:
Above is a detailed article on the termination validity of a patent in Vietnam. If you have any difficulties related to intellectual property law, please contact Viet An Law Firm for the most effective support!
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