Extension of validity of protection title for patent or utility solution
01. Conditions for application
- A patent protection title shall be valid from the grant date until the end of twenty (20) years after the filing date or date of international registration. The protection title must be extended its validity each year.
- A utility solution protection title shall be valid from the grant date until the end of ten (10) years after the filing date or date of international registration. The protection title must be extended its validity each year.
- The filing of the application for validity extension may be delayed for no more than six months after the expiration of the protection titles validity but the protection title holder shall pay an extension fee plus 10% for each month of delayed filing.
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 on extension of protection title for mark
+ 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 extension of protection title and publish such extension in the Industrial Property Offical Gazette, or refuse to issue such decision. The NOIP shall update the information about the extension to the original protection title and make a written reply to the holder.