Procedures for amending and supplementing industrial property registration applications

Article overview

Supplementing an industrial property registration application is an important procedure, helping owners perfect and strengthen their intellectual property rights. This process allows for necessary adjustments and updates to information, ensuring the application is accurate and complete. Correct implementation of the process will increase the possibility of being granted a protection certificate, effectively protect intellectual property, create a competitive advantage, and promote innovation in businesses. In the following article, Long Phan will provide detailed instructions on the steps to perform this procedure.

Amendments and supplements to industrial property registration applications
Amendments and supplements to industrial property registration applications

Dossier requesting amendments and supplements to industrial property registration applications

According to Clause 2, Article 16 of Decree 65/2023/ND-CP, dossiers requesting amendments and supplements to industrial property registration applications include the following documents:

  • Declaration of amendments and supplements to industrial property registration application (Form No. 04, Appendix II Decree 65/2023/ND-CP);
  • Document clearly stating the content that needs to be amended if amended or supplemented before the application is accepted or rejected, or according to the notice of the management agency;
  • Power of attorney (if submitted through a representative);
  • Proof of payment of fees and charges.

For requests to amend application content, documents corresponding to each type of industrial property object must be submitted. For example, an industrial design registration application requires 04 sets of drawings or photos with a description. In case of changing applicant information, documents confirming the change must be submitted.

Procedure for amending and supplementing industrial property registration applications

The process of amending and supplementing industrial property registration applications includes specific steps, from submitting documents to receiving processing results from the National Office of Intellectual Property. Understanding this sequence helps application owners track and meet requirements during the processing process.

Step 1: Submit dossier The applicant submits 01 set of dossiers requesting amendments and supplements to the National Office of Intellectual Property. Applications can be submitted in person, by post or online.

Step 2: Processing the application The Intellectual Property Office will review the application:

  • If the dossier has no errors: the Department issues a notice to record the amendment and publish it in the Industrial Property Official Gazette (if the application has been accepted validly).
  • If the application has errors: The Department will issue a notice of intention to refuse, clearly stating the reason and request for correction.

Application owners need to pay attention to the time limit for correcting errors to avoid having their request for amendment or supplement rejected. If the repair is not repaired or the repair does not meet the requirements, the Department will issue a notice refusing to accept the request.

 Steps to make modifications and additions
Steps to make modifications and additions

The time limit for processing requests for amendments and supplements to industrial property registration applications

The time limit for processing a request to amend or supplement an industrial property registration application depends on many factors, including the time the amendment is requested and the content that needs to be amended. Understanding these timelines helps applicants be proactive in the process of tracking and processing documents.

According to current regulations, the processing time is as follows:

  1. In case of amendment before the application is accepted validly: 01 month from the date of receipt of the application.
  2. In case the amendment is related to the nature of the subject or after notification of intention to refuse/grant the degree:
  • Patent application: extended for another 6 months;
  • Industrial design application: extended for 02 months and 10 days;
  • Trademark application: extended for 3 more months;
  • Geographical indication application: extended for 2 more months.

Applicants need to pay attention to these timelines to prepare documents and meet requirements promptly, avoiding affecting their intellectual property protection rights.

Fees for amending and supplementing industrial property registration applications

When carrying out procedures for amending and supplementing an industrial property registration application, the applicant needs to pay the prescribed fees. Understanding the fees helps the applicant prepare financially and complete the application completely.

According to Circular 263/2016/TT-BTC, the specific fees are as follows:

  • Fee for appraisal of request to amend protection certificate: 160,000 VND/certificate;
  • Fee for publishing the Decision to amend the protection title: 120,000 VND/application;
  • Publication fee from the 2nd image onwards (if any): 60,000 VND/image;
  • Registration fee for Decision to amend protection title: 120,000 VND/title;
  • Re-evaluation fee (if the scope of protection is narrowed): 720,000 VND/point.

The applicant needs to pay all fees before submitting the application. Fee payment can be made via postal service or directly into the Intellectual Property Office’s account.

 Fees for amending and supplementing registration applications
Fees for amending and supplementing registration applications

Consulting services and support for procedures for amending and supplementing industrial property registration applications at Long Phan

Long Phan provides comprehensive consulting and support services during the process of amending and supplementing professional and effective industrial property registration applications. Our services include:

  • Consulting on processes and procedures for amending and supplementing applications;
  • Support in preparing complete and accurate documents;
  • Representing customers to submit documents and monitor the processing process;
  • Representing customers in working with competent authorities;
  • Propose and resolve when applications are rejected;
  • Answer questions and handle problems that arise;
  • Consulting on intellectual property protection strategies.

Procedures for amending and supplementing industrial property registration applications require a deep understanding of the law and administrative processes. To ensure your rights and save time, customers should consider using professional services. Long Phan is ready to support customers in all related issues. Please contact us immediately via hotline 0906735386 for a free consultation and timely support.