Industrial Design Renewal

Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.

To have the validity of his/her industrial design protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.

1. A request for renewal of protection titles’ validity includes:

• Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/TT-BKHCN);
• Original protection title (if the extension is requested to be recorded in the protection title);
• Power of attorney (in case the request is filed through a representative);
• A copy of the receipt of fees and charges as prescribed;
• Other documents (if necessary).

2. Duration of process: Within 01 month from the date of receipt of the request.

3. Result:

If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send the requester a notice of 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 renewal.  Return the protection title to the owner.

4. Fees and charges:

Official charge for renewal of protection titles: VND 100,000/01 variant;

Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;  

Fee for examination request for renewal of protection titles: VND 160,000/01 protection title;

Fee for protection title usage: VND 700,000/01 variant;

Fee for publication of the decision of the renewal of protection titles: VND 120,000/01 request;

Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/protection title.

 Ngoc Anh Tr. 

For further inquiries, please contact us:

THB CONSULTING CO., LTD

Office: 3rd Floor, No. 10, Lane 102 Tran Phu Street, Mo Lao Ward, Ha Dong District, Hanoi

Hotline: 0836383322

Email: huyenvu@thblaw.com.vn

Website: thblaw.com.vn 

Bài viết liên quan

Owner’s right to complaint regarding trademark registration

Đăng vào ngày: 25/01/2024

Regarding the decision or notification of processing a trademark application issued by the competent state agency, the applicant or any organization or individual has the right to complain or sue in court according to provisions of law. The first trademark complaint is conducted within 90 days from the date the person with the right to […]

Xem thêm

Handle business names that infringe on industrial property rights

Đăng vào ngày: 25/01/2024

According to Clause 1 Article 19 of Decree 01/2021/ND-CP, do not use protected trade names, trademarks, or geographical indications of organizations or individuals to form the business’s own name, unless allowed by the owner of the trade name or trademark. Before registering a business name, business owners should look up previously registered trademarks and geographical […]

Xem thêm

Who can register industrial property rights?

Đăng vào ngày: 25/12/2023

Who can register industrial property rights?  1, Right to register inventions, industrial designs and layout designs  Pursuant to Article 86 of the Intellectual Property, the following organizations and individuals shall have the right to register inventions, industrial designs and layout designs: – Authors who have created inventions, industrial designs or layout designs by their own […]

Xem thêm

What rights does a broadcasting organization have under the amended Intellectual Property Law 2022?

Đăng vào ngày: 04/08/2023

What is the broadcasting organization? According to Clause 4, Article 16 of the Intellectual Property Law, a broadcasting organization is an organization which initiates and carries out broadcasting. Broadcasting means the transmission of audio or images, sounds and images, reproduction of audio or images, reproduction of audio and images of works, performances, recordings, videos and […]

Xem thêm