The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change in the author's name or nationality; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property
A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the invention or utility solution patent.
- A written request for amendment or change of holders of protection titles comprises the following documents:
+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
+ Original protection title;
+ Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
+ Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
+ Documents explaining in detail the modified contents;
+ Power of attorney;
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
- The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for inventions not exceeding 12 months
In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.
- Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment.
Return the protection title to the owner.
- Fees and charges:
+ Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
+ Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
- Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;
+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
- Fee for a re-examination in case of narrowing of the protection coverage: VND 720,000 / 01 point.