Industrial property right registration for establishment includes invention registration requesting a grant of utility solution, invention registration requesting a grant of a patent, marks, industrial designs, geographical indications, layout-designs of semiconductor integrated circuits.
|Competence||National Office of Intellectual Property of Vietnam|
|Procedure||1. Application receipt: The application can be submitted in person or by post to the headquarter of the National Office of Intellectual Property of Vietnam in Hanoi or its two representative offices in Ho Chi Minh City and Danang.
2. Application form assessment: Check the confirmation to regulations on the application form, therefrom conclude whether the application is valid or not.
3. Issuing notification to accept/reject the application:
a. In case of a valid application, the National Office of Intellectual Property shall issue the application acceptance notification;
b. In case of an invalid application, the National Office of Intellectual Property shall issue the application rejection notification.
4. Application proclamation: Applications considered valid will be published in the Official Gazette.
5. Application content assessment: Evaluate the ability of the object stated in the application to be protected under the protection conditions, thereby determining the corresponding scope of protection.
6. Issuing decisions to grant/refuse to grant protection titles:
a. If the object stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant the protection title;
b. If the object stated in the application meets the requirements of protection, and the applicant pays the full fee, the National Office of Intellectual Property will issue a decision to grant the protection title, recording it in the National Register of industrial property, and published in the Intellectual Property Gazette.
|Components||1. Invention registration declaration for invention for the grant of useful countermeasures/Invention registration declaration, Declaration of request for substantive examination of invention registration/Trademark registration declaration/Industrial design registration declaration/Geographical indication registration form/layout-designs of semiconductor integrated circuits registration form;|
|2. Description (02 copies, including drawings, if any)/Trademark sample (05 samples size 80 x 80 mm/Set of photos/Drawings of industrial design (05 sets), Description of industrial design (01 set)/Description of product’s nature/quality/reputation (02 copies)/Set of photos or drawings of a circuit design of the layout-designs of semiconductor integrated circuits (04 sets);|
|3. Map of the geographical area corresponding to the geographical indication (02 copies)/Integrated circuit model produced according to the design (04 samples); Semiconductor integrated circuit description;|
|4. Relevant documents;|
|5. Receipt of payment of fees and charges.|
|Submission||The application can be submitted in person or by post to the headquarter of the National Office of Intellectual Property of Vietnam in Hanoi or its two representative offices in Ho Chi Minh City and Danang.|
|Processing time||– Form assessment: 01 month since the day of application receipt;
– Application proclamation: 02 months since the day of valid application acceptance;
– Content assessment: 06 months since the day of application proclamation/03 months since the day of application proclamation (for layout-designs of semiconductor integrated circuits)
|Results||– Decisions to grant/refuse to grant protection titles.|
|– Patent or Utility Solution Patent/Industrial Design Patent/Geographical Indication Registration Certificate/Layout Design Registration Certificate.|
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