1. Procedure for amendment of invention or utility solution applications
Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
A request for application amendments includes:
(i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the invention or utility solution registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: invention or utility solution description or abstract. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the description];
(iii) Power of attorney
(iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
- An application amendmentsr equest is filed after the IPVN issues Notification of intended grant of certificates andpay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, description of invention/ utility solution), the application must be re-examination and the fee for substantive re-examination is calculated based on the number of independent points in the claim (VND 720,000/ 01 independent point).
- The time limit for processing a dossier for registration of an invention/ utility solution application amendmentsrequest is 02 months (not including the time for the dossier-filing person to correct errors).
2. Procedure for transfer of invention or utility solution applications
Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/ her application to another person.
- A request for application transfer includes:
(i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
(ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
(iii) Power of attorney
(iv) Fee for application transfer request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application transferin case the application has been accepted as a valid application).
- The time limit for processing a dossier for registration of an invention/ utility solution application transfer request is 02 months.
- Methods of filing application