Dossier requesting narrowing the scope of industrial design protection

Narrowing the scope of industrial design protection is an important step to help businesses focus on the most outstanding and unique elements of the product. This process not only helps minimize the cost of maintaining intellectual property rights but also optimizes the ability to protect unique aspects, thereby enhancing competitiveness. This article will analyze in detail the processes, procedures, and requirements related to narrowing the scope of industrial design protection.

When is it right to request to narrow the scope of industrial design protection?

Pursuant to Point c, Clause 3, Article 29 of Decree 65/2023/ND-CP, when the owner of a protective tape needs to remove one or several industrial design options, one or several products in the product set. In an industrial design patent, you have the right to request a narrowing of the scope of industrial design protection.

The competent authority resolves the narrowing of the scope of industrial design protection

The National Office of Intellectual Property is the only agency authorized to receive and process requests to narrow the scope of industrial design protection.

Procedures for narrowing the scope of industrial design protection

Profile components

Pursuant to Clause 4, Article 29 of Decree 65/2023/ND-CP, an application for narrowing the scope of industrial design protection includes:

1. The declaration requesting amendment is made according to Form No. 06 in Appendix II of Decree 65/2023/ND-CP.
2. Original certificate of protection in case the certificate of protection is issued in paper form.
3. Document detailing the revised content.
4. 05 sets of photos or drawings of the revised industrial design.
5. Authorization document (in case the request is submitted through a representative.
6. Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

Execution order

The process of narrowing the scope of industrial protection is implemented according to the provisions of Point b, Clause 5, Article 29 of Decree 65/2023/ND-CP.

Step 1: Submit application

The protection title owner submits 01 set of documents requesting narrowing the scope of protection in one of the following forms:

• Online through the Information System for handling administrative procedures of the Ministry of Science and Technology;
• Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Appraise the content of the application

The application appraisal time is 06 months from the date of application publication. In case the applicant proactively requests to amend or supplement the application, or respond to the notice of the National Office of Intellectual Property, but not more than 2 months, 10 days

Before the end of the above period, the National Office of Intellectual Property shall carry out the following tasks:

• If the subject of the protection request stated in the application does not meet the protection conditions or falls under the cases specified in Article 117 of the Law on Intellectual Property or meets the protection conditions but the application still has shortcomings, the Intellectual Property Office shall issue a notice of the results of the substantive examination, clearly stating the intention to refuse the decision to narrow the scope of the protection certificate, the reasons for refusal or shortcomings of the application and setting a deadline of 03 months from the date of issuance of the notice for the applicant to provide comments.
• If the subject matter requested for protection stated in the application meets the protection conditions or the applicant has corrected errors satisfactorily or has properly explained the results of content appraisal and/or amended the application satisfactorily. Upon request, the National Office of Intellectual Property issues a notice of substantive examination results and notifies the applicant to pay fees and charges.

Step 3: Decide on narrowing the scope of protection

• The deadline is 03 months from the date of notice for the applicant to pay the fee for changing the scope of protection, the fee for publishing the decision to change the scope of protection certificate, and the fee for registering the decision to change the scope of protection.
• If the applicant amends the application unsatisfactorily, does not amend the application or does not pay all fees and charges, the National Office of Intellectual Property shall issue a decision to refuse the request to narrow the scope of protection.

Consulting services on issues about the scope of industrial design protection in Long Phan

Long Phan provides consulting services including:

• Consulting on cases of adjusting and narrowing the scope of protection for industrial designs.
• Consulting on conditions for acceptance to adjust the scope of industrial design protection.
• Prepare detailed and accurate narrowing request documents.
• Instructions on the order and procedures for adjusting and narrowing the scope of industrial design protection.
• Representing customers to submit documents and monitor the processing process at the authorities to ensure progress.
• Support customers in carrying out industrial design protection registration procedures.
• Consulting and building intellectual property protection strategies suitable to customers’ needs and business goals.
• Consulting on other issues related to industrial design.

Narrowing the scope of industrial design protection is a strategic step to help businesses optimize their rights and protect their intellectual property. Procedures for narrowing the scope of industrial design protection require an understanding of documents and implementation processes. Long Phan with a team of experienced experts is ready to assist customers in carrying out this procedure effectively and quickly. Contact Long Phan immediately via the hotline: 0906735386 for detailed advice.