Intellectual property

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Assignement of patent or utility solution

01. Conditions for application

- Assignment of an industrial property right means the transfer of ownership right by the owner of such industrial property right to another organization or individual.
- An assignment of an industrial property right must be established in the form of a written contract and shall take effect from the date of registration of assignment at National Office of Intellectual Property

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

03. Procedure

Step 1: Prepare the following documents

+ A written declaration of assignment of patent or utility solution;

+ 02 copies of assignment contract on patent or utility solution;
+ Written consent of co-owners to the assignment of the patent or utility solution, if the relevant patent or utility solution is under common ownership;
+ 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 our an examination for the validity of the file within 02 months

Step 5: The NOIP shall issue a decision on registration of the assignment contract, issue a certificate of registration of assignment contract, and publish the registration in the Industrial Property Offical Gazette. In case of refusal, the NOIP shall reply in writing about the refuse.

04. Processing Time 02 months

05. Service fee

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