General provisions on grant of Patent duplicates and reissue of Patent in Vietnam

In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.

In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: The protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.

- A request for grant of duplicates/ reissue of protection titles includes:

+ Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ 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 request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.

- Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title.
Return the protection title to the owner.

- Fees and charges:

+ Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;

+ Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.

+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).