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
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.