Protecting industrial designs through registration with the Intellectual Property Office of Vietnam (IPVN) is essential for businesses and inventors. However, applicants may need to amend, transfer, or divide their applications for various reasons. This article provides a detailed guide on the procedures, requirements, and processing times for these requests.
Procedure for Amendment of Industrial Design Applications
When Can an Application Be Amended?
Before the IPVN issues a decision on application rejection, refusal of protection title, or grant of a protection title, the applicant may request amendments to their application either voluntarily or upon IPVN’s request.
Required Documents for Amendment Requests
To amend an industrial design application, the applicant must submit:
- 02 declarations for application amendments, typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN.
- Documents certifying the change, including:
- 04 sets of amended drawings or photos and a description.
- A detailed written explanation of the amended content compared to the original documents.
- The amendment must not expand the protection coverage beyond the initial disclosure.
- Power of attorney (if filed through a representative).
- Fees:
- Application amendment fee: VND 160,000 per amendment request.
- Publication fee: VND 120,000 per request (if the application has been accepted as valid).
- Additional fees for content amendments (e.g., adding new objects/variants):
- Application examination fee: VND 700,000 per object/variant.
- Patent search fee: VND 480,000 per object/variant.
- Image publishing fee: VND 60,000 per image.
If the request for amendment is submitted after the Notification of Intended Grant of Certificate, and it involves changes to the object’s nature (such as drawings, photos, or descriptions), a re-examination is required. The re-examination fee is VND 700,000 per object.
Processing Time
- The amendment request will be processed within 02 months from the date of submission.
How to File an Amendment Request?
Applicants can choose between paper filing or online filing:
Paper Filing
Submit the request in person or via postal service to one of the IPVN offices:
- Hanoi: 386 Nguyen Trai, Thanh Xuan District.
- Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1.
- Da Nang: 3rd Floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District.
If submitting by postal service, the fees must be transferred first, and a copy of the Money Transfer Receipt must be included in the application.
Online Filing
- Applicants must have a digital certificate, digital signature, and a registered account approved by IPVN.
- After completing the online submission, a confirmation of online submission will be sent.
- The applicant must present this confirmation at an IPVN office within 01 month along with the required documents and fees.
- If all requirements are met, the IPVN officer will issue an application number. Otherwise, the application will be denied or canceled.
Procedure for Transfer of Industrial Design Applications
When Can an Application Be Transferred?
Before the IPVN issues a decision on rejection, refusal, or granting of a protection title, the applicant may request to transfer their application to another party.
Required Documents for Transfer Requests
- 02 declarations for application transfer, according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN.
- Transfer agreement, containing:
- Full names and addresses of the assignor and assignee.
- Serial number or identifying details of the application being transferred.
- Power of attorney (if filed through a representative).
- Fees:
- Transfer request fee: VND 160,000 per request.
- Publication fee: VND 120,000 per request (if the application has been accepted as valid).
Processing Time
- The transfer request will be processed within 02 months from the date of submission.
How to File a Transfer Request?
Applicants can choose between paper filing or online filing, following the same procedures as amendment requests.
Procedure for Division of Industrial Design Applications
When Can an Application Be Divided?
Before the IPVN issues a decision on rejection, refusal, or granting of a protection title, the applicant may divide the original application. The divisional application will receive a new serial number but retain the original filing date or priority date.
Required Documents for Division Requests
- 02 declarations for industrial design registration, typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN. The declaration must include the serial number and filing date of the parent application.
- 01 industrial design description.
- Written request for application division.
- Power of attorney (if filed through a representative).
- Fees:
- If the parent application has undergone substantive examination:
- Filing fee: VND 150,000 per divisional application.
- Publication fee: VND 120,000 per application.
- Additional publication fee from the second image onward: VND 60,000 per image.
- Amendment fee for the parent application: VND 160,000.
- If the parent application has not undergone substantive examination:
- If the divisional application contains variants stated in the parent application:
- Filing fee: VND 150,000 per application.
- Publication fee: VND 120,000 per application.
- If the divisional application contains new objects, the applicant must pay full fees as for a new application.
Processing Time
- A divisional application is subject to formality examination and will continue processing according to the procedures not yet completed for the parent application.
How to File a Division Request?
Applicants can submit the request through paper filing or online filing, following the same procedures as amendment requests.
Amending, transferring, or dividing an industrial design application requires compliance with IPVN regulations. By understanding the necessary procedures and fees, applicants can ensure a smooth process. To avoid errors and delays, applicants are advised to carefully prepare their documentation and choose the most suitable filing method. For further assistance, consulting an intellectual property professional is recommended.
The above are the procedures for amending and transferring Industrial design applications for individuals and businesses. If you need to register a trademark, please contact VNNA for detailed consultation and guidance.
- Email: info@vnna.com.vn
- Hotline: 0862 618 669 hoặc 0865 069 288
- Facebook: VNNA
