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 […]
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.
- 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).
- Duration of process: Within 01 month from the date of receipt of the request.
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.
- 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.
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