General provisions on assignment of Patent in Vietnam

Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).

An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).

- A dossier for registration of an industrial property right assignment contracts comprises the following documents:

+ Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ The contract;

+ Original protection title;

+ Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;

+ Power of attorney;

+ Fee and charge receipts;

+ Other documents (if necessary).

- The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.

- Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on the registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, 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 assignment.

Return (if any): the protection title to the owner.

- Fees and charges:

+ Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;

+ Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;

+ Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.