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Intellectual property

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Grant of protection title duplicates and reissuance of protection title for patent or utility solution

01. Conditions for application

- In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the NOIP to grant duplicates of the protection title but shall pay a fee therefor.
- In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the NOIP to reissue the protection title/duplicate of protection title but shall pay a reissuance fee:
(i) The protection title/duplicate of protection title is lost;
(ii) The protection title/duplicate of protection title is damaged, torn, stained or faded out that it can no longer be used.
c) Request for grant of duplicates/reissuance of protection titles

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: Preprare the following documents

+ A written declaration of issuance of protection title duplicates or reissuance of protection title

+ 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 issuance of protection title duplicates or reissuance of protection title, and publish such deicision in the Industrial Property Offical Gazette, or refuse to issue such decision.

04. Processing Time 01 months

05. Service fee

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