Procedures for maintaining the validity of patent protection titles

Article overview

Maintaining the validity of patent protection brings many practical benefits to the owner. This process not only protects creative achievements but also facilitates effective commercial exploitation and enhances competitive position in the market. Properly implementing maintenance procedures will help organizations and individuals optimize the value of their inventions, creating a solid foundation for the sustainable development of their businesses. To understand in detail the legal aspects and implementation process, please refer to the following article by Long Phan.

Implement and maintain the validity of patent protection titles
Implement and maintain the validity of patent protection titles

Validity of Patent

A patent is a protection certificate with high legal value in the field of intellectual property. According to the provisions of Article 93 of the Law on Intellectual Property 2005, amended and supplemented in 2022, a patent takes effect from the date of grant and lasts until 20 years from the date of filing. This protection period applies throughout the territory of Vietnam.

Protection title owners need to pay attention to monitoring the deadline for paying maintenance fees to avoid the risk of lapse of validity. Maintaining validity on time will help protect the owner’s interests continuously and effectively.

Fees and charges required to maintain the validity of a patent protection title

To maintain the validity of a Patent protection title, the owner must pay the prescribed fees and charges. The schedule of industrial property fees and charges is prescribed in Circular 263/2016/TT-BTC (amended and supplemented by Circular 31/2020/TT-BTC). Main fees and charges include:

  1. Validity maintenance fee: 100,000 VND/point.
  2. Late maintenance fee: 10% maintenance fee/each month of late payment.
  3. Fee for appraisal and maintenance request: 160,000 VND/Protection title.
  4. Fee for publishing Notice of Recording and Maintaining: 120,000 VND/application.
  5. Fee for registration of information to maintain validity: 120,000 VND/Protection title.
  6. Fees for using the Certificate of Protection (by year):
  • Years 1 – 2: 300,000 VND/year/point;
  • Years 3-4: 500,000 VND/year/point;
  • Years 5-6: 800,000 VND/year/point;
  • Years 7-8: 1,200,000 VND/year/point;
  • Years 9-10: 1,800,000 VND/year/point;
  • Years 11-13: 2,500,000 VND/year/point;
  • Years 14-16: 3,300,000 VND/year/point;
Fees and charges need to be paid when maintaining the validity of a patent
Fees and charges need to be paid when maintaining the validity of a patent

Order and procedures for maintaining patent protection titles

Prepared documents

According to Clause 1, Article 30 of Decree 65/2023/ND-CP, dossiers requesting to maintain the validity of a patent protection certificate include:

  • Declaration according to Form No. 07 in Appendix II of Decree 65/2023/ND-CP ATTACHMENT – Form No. 07 Appendix II Decree 65/2023/ND.docx;
  • Authorization document (if the request is submitted through a representative). The authorization document must clearly state the scope of authorization and duration of authorization;
  • 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).

Preparing complete and accurate documents will help maintain the request processing process smoothly and quickly. Diploma holders need to carefully check the information before submitting the application.

Implementation steps

The process of maintaining the validity of the protection title is carried out according to Clause 3, Article 30 of Decree 65/2023/ND-CP, including the following main steps:

Step 1: Submit application

The diploma owner or authorized representative submits 01 set of documents requesting validity maintenance to the National Office of Intellectual Property. Applications can be submitted in person, by post or online.

Step 2: Process the request

Within 01 month from the date of receiving the requested dossier and fees, the National Office of Intellectual Property will review the dossier and carry out the following procedures:

  • If the application is valid: the National Office of Intellectual Property will issue a notice on maintaining the validity of the protection title. This information will be recorded in the National Register of Industrial Property and published in the Industrial Property Official Gazette within 60 days from the date of notification.
  • If the dossier has shortcomings: the National Office of Intellectual Property will issue a notice of intention to refuse maintenance, clearly stating the reason and setting a time limit of 02 months for the requester to correct the shortcomings or express objections.
  • In case the dossier has shortcomings, the diploma holder needs to quickly fix it at the request of the Intellectual Property Office. If no repair is made or the repair does not meet the requirements, the National Office of Intellectual Property may issue a decision to refuse to maintain the validity of the protection title.

Complying with the correct procedures and deadlines during the validity maintenance process will help ensure that the rights of the patent owner are continuously and effectively protected.

Maintain patents according to regulations
Maintain patents according to regulations

Consulting and support in maintaining the validity of effective patent protection certificates at Long Phan

Long Phan provides in-depth consulting services on maintaining the validity of patent protection titles. Our team has experience in the field of intellectual property and understands the procedures at the Intellectual Property Office. With Long Phan’s support, customers will save time, effort and ensure their rights are maximally protected. We are committed to providing effective solutions, suitable to the specific needs of each business.

Long Phan’s services include:

  • Consulting on strategies to maintain the validity of protection certificates
  • Prepare and submit documents requesting maintenance of validity
  • Instructions on the order and procedures for maintaining the validity of patent protection titles
  • Monitor and handle problems that arise during maintenance
  • Representative to explain and complain if requested by the management agency.

Maintaining the validity of patent protection is a strategic step in protecting and developing intellectual property. With professional support from Long Phan, customers will get the optimal solution, suitable for their specific needs. Please contact the hotline immediately 0906735386 to receive detailed advice and start the journey to protect your creative achievements.