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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.
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:
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:
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.
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.
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:
The patent renewal process is carried out as follows:
Step 1: Submit application:
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.
CSPL: Article 30 of Decree 65/2023/ND-CP.
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:
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.
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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