Application handling procedures
APPLICATION HANDLING PROCEDURES
- Applications for protection titles
- Filing the applications for protection titles
- Formality examination
- Substantive examination
- Grant of protection titles
- Publication of industrial property right information
Applications for protection titles must satisfy the requirements as to form and substance according to the regulations on Circular No.3055/TT-SHCN on December 31,1996 of Ministry of Science, Technology and Environment and Regulation No. 308/DK of the NOIP on June11,1997
The application may be filed at the NOIP or at any other application receiving places set up by NOIP. The application may also be sent by registered mails through the postal service to the above said application receiving places
All the applications for protection titles shall be examined formally. The purpose of such examination is to examine whether the application satisfies the requirements of an officially accepted application; if the application is considered as officially accepted, an official filing date, official filing number, priority date shall be determined.
The time limit for the formality examination is 3 months from the date the application arriving at the NOIP indicated on the application receiving seal.
Publication of officially accepted applications
All invention, utility solution, industrial design applications which are considered officially accepted shall be published by the NOIP on the Industrial Property Gazette.
Substantive examination shall be undertaken by NOIP for all officially accepted applications for Protection titles of trademarks, industrial designs and appellations of origin provided that the applicants have paid due examination fees.
Substantive examination for an invention or a utility solution shall only be carried out for officially accepted applications at a request of the applicant or the third party, provided that such request is submitted to the NOIP within 42 months from priority date of the invention and 36 months from priority date of the utility solution.
The person, who requests the substantive examination of invention or utility solution, shall have to pay prescribed fees
Terms for substantive examination are:
18 months for an invention application and 9 months for a utility solution application, counted from the date the request for substantive examination is received, or from the date the notice of official acceptance of application is signed;
9 months for an industrial design and a trademark application, counted from the date the notice of official acceptance of application is signed.
6 months for an geographical indication application, counted from the date of the notice of official acceptance of application is signed.
The result of examination shall be notified to the applicant. During the term of examination, the applicant may initiate, or make an invitation of the NOIP, amendments to the application provided that such amendments do not change the substance of the claimed subject matter.
If the object satisfies the criteria for protection, the notification of the result of the substantive examination shall request the applicant to pay the fee of protection title, the registration and grant fee of protection title and the annual fees for the first year (with respect to invention and utility solution):
If the applicant fails to pay the fees the application shall be assumed withdrawn. If the applicant pays the fees, the protection title shall be granted to the applicant, registered and published.
The granted titles of protection of industrial property, also the amendments, renewal, invalidation of the granted titles and licensing contracts, assignment contracts shall be published monthly in the Industrial Property Gazette of NOIP.