Patent renewal: Latest procedures & regulations

Article overview

Patent renewal is a legal process that helps maintain the validity of a granted patent. This process not only ensures the rights of the patent owner but also complies with the provisions of Vietnamese law. Understanding the conditions and procedures for renewal will help owners avoid the risk of losing patent protection. This article will analyze in detail the regulations, procedures and instructions on patent renewal in Vietnam.

Patent renewal: Latest procedures & regulations
Patent renewal: Latest procedures & regulations

Conditions for patent protection

To be granted a patent in Vietnam, an invention needs to meet specific conditions as prescribed in Article 58 of the Law on Intellectual Property 2005 (amended and supplemented 2022). These conditions include:

  • Newness: The invention must be new, meaning that no one has published or used the invention internationally.
  • Industrial applicability: The invention must be capable of being applied in practical manufacturing or creating a specific product.
  • When these requirements are fully met, the invention will be granted a patent and effectively protect intellectual property rights for the inventor. However, to maintain the benefits of a patent, owners need to understand the renewal rules to protect their invention for a long time.

How long is the validity of a patent?

According to Article 93 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the protection period of a patent is specifically regulated as follows:

  • Patent: Valid for 20 years from the filing date.
  • Utility solution patent: Valid for 10 years from the filing date.
  • Industrial design patent: Valid for 5 years, can be renewed 2 times, each time 5 years.

This provision ensures that the invention is protected for a certain period of time, giving the owner time to exploit the economic value of the invention. However, maintaining this protection will require an extension procedure when the protection period nears its end.

Conditions for patent renewal

According to Article 94 of the Law on Intellectual Property 2005, patent renewal can be done with various types of protection titles such as industrial design patents and trademark registration certificates.

However, for patents for inventions and utility solutions, according to current regulations, there are no provisions on extension of validity, but can only be maintained through payment of maintenance fees.

Maintenance of validity is required for the period before expiration, and the holder must follow the correct procedure to avoid loss of benefits.

Patent renewal authority
Patent renewal authority

Regulations on patent renewal procedures

Renewal profile

To carry out the extension procedure, the patent owner needs to prepare complete documents, according to the provisions of Article 30 of Decree 65/2023/ND-CP, as follows:

  • Declaration requesting extension: According to model number 07 prescribed in Appendix II of Decree 65/2023/ND-CP.
  • Proof of payment of fees and charges: Copy of documents proving payment of renewal fees and renewal fees.
  • Authorization document: If the owner requests an extension through a legal representative.

Renewal procedure

The patent renewal process is carried out as follows:

Step 1: Submit application:

  • The dossier requesting to maintain the validity of the protection title along with fees (evaluation fee, maintenance fee, use fee, registration and publication fee) must be submitted at least 06 months before the validity expires.
  • If filed late, the request can be accepted but not more than 6 months after the expiration date and an additional penalty fee must be paid for each month of late payment.

Step 2: Review the application: Within 01 month from the date of receipt of the application and fees, the state management agency on industrial property rights will review the application.

  • Valid documents: The agency will issue a notice to maintain the validity of the certificate, record it in the National Register and publish it in the Industrial Property Official Gazette within 60 days.
  • Invalid application: The agency will notify the reason for refusal and request the owner to make repairs within 02 months. If there is no valid correction or no response, the agency will refuse to maintain the validity of the protection title.

CSPL: Article 30 of Decree 65/2023/ND-CP.

Consulting on intellectual property procedures
Consulting on intellectual property procedures

Consulting and supporting patent renewal at Long Phan

Long Phan provides consulting services and patent renewal support for businesses and individuals in Vietnam. With a team of experienced consultants, we support customers in quickly implementing renewal procedures. Our services include:

  • Consulting on regulations related to patent renewal, including conditions and procedures.
  • Support customers in preparing patent renewal documents according to regulations.
  • Check the validity of the application, ensure it is fully prepared, valid and on time, avoiding errors or omissions during the application submission process.
  • Providing services to represent you in submitting renewal documents to the authorities, ensuring the renewal process takes place smoothly and quickly.
  • Advise on handling measures when renewal documents are submitted late, including penalty fees and necessary additional procedures.
  • Monitor the status of your renewal application and notify you of the results from the authorities, helping you feel secure about the renewal process.
  • Provide information on how to protect and exploit your invention after successful renewal, helping you maximize the value of your invention.

Patent renewal not only helps maintain the owner’s rights but is also an important procedure in the long-term patent protection process. Customers need to clearly understand the legal regulations and procedures to avoid losing their rights. If you need support regarding patent renewal, do not hesitate to contact Long Phan via the hotline 0906735386 to receive in-depth advice and appropriate solutions.