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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.
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.
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:
According to Clause 1, Article 30 of Decree 65/2023/ND-CP, dossiers requesting to maintain the validity of a patent protection certificate include:
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.
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:
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.
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:
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.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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