Licensing of patent or utility solution
01. Conditions for application
- Licensing of an industrial property object means permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of the owner's right. Licensing of industrial property objects must be established in the form of a written contract
- The registration of the licensing of an industrial property object shall be valid as agreed upon by the parties and be legally effective against a third party upon registration.
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 licensing of patent or utility solution;
+ 02 copies of licensing contract on patent or utility solution;
+ Written consent of co-owners to the licensing 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 out an examination for the validity of the file within 02 months
Step 5: The NOIP shall issue a decision on registration of the licensing contract, issue a certificate of registration of licensing contract, and publish the registration in the Industrial Property Offical Gazette. In case of refusal, the NOIP shall reply in writing about the refuse.