General provisions on licensing of Patent in Vietnam

Licensing of an industrial property object (Patent) means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).

- A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:

+ Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ 02 originals or 02 valid copies of the contract;

+ Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;

+ Power of attorney (if the dossier is filed through a representative);

+ Fee and charge receipts;

+ Other documents (if necessary).

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

- Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing 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 registration of an industrial property licensing contract.
Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.

- Fees and charges:

+ Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;

+ Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;

+ Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;

+ Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.