Amendment to protection title for patent or utility solution
01. Conditions for application
Holder of protection title of patent or utility solution can request state agency to make amendments to the following information:
- Change of information of the holder; change of the holder in case of assignment of patent or utility solution such as inheritance, succession, merger, consolidation, division.
- Change of industrial property representation
- The narrow of scope of protection in case of request for modification of some details without any substantial change in the mark specimen stated in the certificate of registered mark, or in case of request for exclusion of one or several goods or services or groups of goods or services from the list of goods or services specified in the certificate of registered mark
02. Applicable laws
1. Law on Intellectual Property 2005 (amended in 2009)
2. Decree No. 103/2006/NĐ-CP implementing Law on Intellectual Property on industrial property right
3. Circular No. 01/2007/TT-BKHCN
Step 1: Prepare the following documents
+ A written declaration of adjustment of protection title;
+ Original of the protection title;
+ Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
+ Documents evidencing the inheritance, succession, merger; separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency
+ A detailed explanation statement about the adjustments;
+ Authorization letter (if the documents are submitted by representative)
+ Receipt for payment of fees and charges;
+ Other documents (if necessary)
Step 2: Submit the file at National Office of Intellectual Property (“NOIP”)
Step 3: The NOIP shall receive the file.
Step 4: The NOIP shall carry out an examination for the validity of the file
Step 5: The NOIP shall issue a decision on the amendment of protection title and publish such amendment in the Industrial Property Offical Gazette, or refuse to issue such decision. The NOIP shall update the information about the amendment to the original protection title and make a written reply to the holder.