How much is the fee for using an industrial property protection certificate?

Fees for use of industrial property protection certificate is an issue that many businesses and individuals are concerned about. With intellectual property protection becoming more and more urgent, understanding these fees will help you have a reasonable financial plan and protect your rights. In this article, Long Phan will provide detailed information about fees and the process of granting protection titles, helping you make the best use of your intellectual property rights. We welcome you to follow us!

What is an industrial property protection certificate? Why do we need a certificate of industrial property protection?

Pursuant to Clause 25, Article 4 of the Law on  Intellectual Property 2005 (amended and supplemented in 2022), a protection certificate is a document issued by a competent state agency to organizations and individuals to establish rights. industrial property over inventions, industrial designs, layout designs, trademarks, and geographical indications; rights to plant varieties.

A protection title is considered an existing “evidence” that records information about the owner, author, object and scope of protection. When granted a certificate, the State as well as the owner of the protected object will have a basis to protect their intellectual property rights, limit cases of others stealing ideas and being able to transfer them. assigning intellectual property rights more easily.

Process of granting industrial property protection certificate

Pursuant to Article 89, Article 108, Article 109, Article 110, Article 111, Article 114 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the steps to grant an industrial property protection certificate are:

Step 1: Receiving applications

Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang.

Step 2: Appraisal of application form

At this step, the National Office of Intellectual Property will make a decision to accept the valid application/refuse to accept the application based on the examination and evaluation of the dossier. In case the application is invalid, the National Office of Intellectual Property shall issue a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a time limit of 2 months to accept the application. The applicant has comments or corrects errors..

Step 3: Announcement of application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraisal of application content

Only conducted when there is a request for substantive appraisal;

Step 5: Make a decision to grant/refuse to grant a protection title

If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property shall issue a decision to refuse to grant a protection certificate;

If the subject matter stated in the application meets the protection requirements, and the applicant pays the fees and charges in full and on time, the National Office of Intellectual Property shall issue a decision to grant a protection certificate and record it in the Register. national registration of inventions and publication in the Industrial Property Official Gazette.

Regulations on fees for using industrial property protection certificates

Regulations on fees for using industrial property protection titles are specified in Article 4 of Circular 263/2016/TT-BTC (amended and supplemented by Circular 63/2023/TT-BTC), Section B Schedule industrial property fees and charges issued together with Circular No. 263/2016/TT-BTC. Accordingly:

• The fee for using protection titles for inventions and utility solutions in the first two years is 300,000 VND, gradually increasing until the 17th year and the 20th year will be 4,200,000 VND.
• As for industrial designs and trademarks, it will be 700,000 VND periodically.

Consulting services on application procedures and fees for using industrial property protection certificates

Issues related to application procedures and fees for using industrial property protection certificates often cause many businesses to encounter difficulties. At Long Phan, we are proud to provide comprehensive consulting services to you, including:

• Consulting on conditions and standards to be provided with protection documents according to legal regulations;
• Support in drafting necessary documents and records to register for intellectual property protection;
• Instructions on the steps to carry out the process of applying for a certificate of industrial property protection, from preparing the application, evaluating the form, evaluating the content to granting the certificate;
• Representing customers in working with competent authorities;
• Support tracking processing records and resolving issues discovered during the verification process.
• Provide detailed information on fees and charges related to registering for industrial property protection;
• Support customers in extending industrial property protection certificates and advise on procedures to maintain the validity of documents;
• Consulting and supporting customers on measures to protect intellectual property rights;
• Support customers in resolving disputes related to industrial property rights;
• Consulting on measures to handle industrial property rights violations, from warnings, complaints to lawsuits in court.

With a team of experts with many years of experience in consulting, implementing procedures and resolving disputes in the field of intellectual property. Long Phan will be the unit that supports and accompanies customers in carrying out registration procedures, extending intellectual property rights, and providing effective intellectual property protection measures. and fast. If you need detailed support or advice about this service, please contact our hotline 0906735386.