Detailed advice on how to re-evaluate an industrial property registration application

How to re-evaluate an industrial property registration application is a useful process, helping you protect your rights in the field of intellectual property. The article below will guide you step by step, from listing cases that need re-evaluation to preparing dossiers for re-evaluation of industrial property registration applications. Let’s consult to ensure your application is considered in the most effective way!

Cases needed to re-evaluate an industrial property registration application

Pursuant to Clause 1, Article 13 of Circular 23/2023/TT-BKHCN, re-evaluate an industrial property registration application is carried out by the National Office of Intellectual Property in the following cases:

• There is an objection after notification of the results of content appraisal according to the provisions of Clause 2, Article 118 of the Law on Intellectual Property,
• There is a request to amend or supplement the application after notifying the results of the substantive examination, stating the intention to grant a protection title according to the provisions of Point c, Clause 3, Article 16 of Decree No. 65/2023/ND -CP;
• There is a request to record a change of applicant due to transfer of a trademark registration application filed after notification of substantive examination results with the intention of granting a protection title as prescribed in Point c, Clause 2, Article 18 of this Law. Decree No. 65/2023/ND-CP.
• The protection title owner requests to amend the description or narrow the scope of industrial property rights protection according to the provisions of Point b, Clause 1 and Clause 3, Article 97 of the Law on Intellectual Property according to the amendment procedures. protection certificate specified in Point b, Clause 5, Article 29 of Decree No. 65/2023/ND-CP;
• There is a request to invalidate the protection title as prescribed in Point a, Clause 3, Article 32 of Decree No. 65/2023/ND-CP;
• There are complaints about decisions and notices related to applications as prescribed in Clause 4 and Point b, Clause 6, Article 38 of this Circular.

How to re-evaluate an industrial property registration application

Pursuant to Point x, Clause 2, Article 13, Clause 8, Article 16, Clause 10, Article 23, Clause 13, Article 26 and Clause 7, Article 30 of Circular 23/2023/TT-BKHCN, how to re-evaluate public ownership registration applications For patent applications, industrial design applications, trademark applications, and geographical indication applications, the overview will include the following steps:

Step 1: The person with the registration application must go through the content appraisal procedure as prescribed in Clause 4, Article 12 of this Circular.

Step 2: The person with the application for registration is sent a notice by the National Office of Intellectual Property about the results of the substantive examination, which clearly states the intention to grant or not grant a protection title, and at the same time gives a time limit for the applicant to express his/her intention. Review or repair accordingly. In cases where amendments are needed, the right to express opinions will be implemented within a period of 3 months.

Step 3: At the end of the 3-month period, the National Office of Intellectual Property will issue a notice of payment of fees and certificate issuance or refusal to issue a certificate.

Particularly for cases of re-examination of applications at Points dd and e, Clause 1, Article 13, the procedures will be different. Pursuant to Point dd, Clause 1 of this Article, Point a, Clause 3, Article 32 of Decree 65/2023/ND-CP, re-evaluation due to a request to invalidate a protection certificate is carried out according to the following steps:

Step 1: After receiving the request, the National Office of Intellectual Property will notify the third party’s opinion in writing to the protection title holder, setting a time limit of 02 months from the date of notification for the protection title holder to households have opinions.

Step 2: The National Office of Intellectual Property re-examines the registration application, based on considering the opinions of the parties, the state management agency on industrial property rights issues a decision to terminate/cancel part or all of it. validity of the protection title or notice of refusal to terminate/cancel part or all of the validity of the protection title.

In the case of re-evaluating the application as prescribed in Point e, Clause 1, Article 13, Clause 4 and Point b, Clause 6, Article 38 of Circular 23/2023/TT-BKHCN, due to a complaint based on Clause 4, Article 119a of the Department of Law Intellectual property will require re-evaluation as prescribed in Article 13 of this Circular, the re-evaluation procedure has been described above.

In case the complainant is not the applicant or the person requesting the establishment of industrial property rights or the registration of an industrial property transfer contract that is the subject of the decision, the complaint notice provides details. new information that may affect the conclusion of complaint settlement, the National Office of Intellectual Property shall re-examine the content related to new details according to the order of re-evaluating the application for registration of establishment of public property rights. Enterprises are specified in Points b and c, Clause 2, Article 13 of this Circular. The appraisal process under Article 13 has been described above.

The competent authority decides to re-evaluate an industrial property registration application

Pursuant to Clause 1, Article 13 of Circular 23/2023/TT-BKHCN, the agency competent to decide to re-evaluate an industrial property registration applications is the National Office of Intellectual Property.

Time limit and number of times to re-evaluate an industrial property registration application

Pursuant to Point a, Clause 2, Article 13 of Circular 23/2023/TT-BKHCN, the time limit to re-evaluate an industrial property registration application is as prescribed in Clause 3, Article 119 of the Intellectual Property Law, specifically as follows. :

• For inventions, no more than 12 months;
• For trademarks, no more than 6 months;
• For industrial designs, no more than 4 months and 20 days;
• For geographical indications, no more than 04 months.

For complicated cases with many details that need to be verified or expert opinions need to be sought, the re-appraisal time limit may be extended but must not exceed the time limit for the first appraisal as prescribed in Clause 1 of this Article. 2 Article 119 of the Law on Intellectual Property.

Pursuant to Point d, Clause 2, Article 13 of Circular 23/2023/TT-BKHCN, for each re-evaluate an industrial property registration application, the re-examination of the application is only carried out once for the applicant. and for every third person.

Consulting services on how to re-evaluate an industrial property registration application

Currently, at Long Phan, we provide in-depth consulting services on re-evaluating industrial property registration applications for you. Our service has the following outstanding advantages:

• Consulting on cases of re-evaluation of industrial property registration applications;
• Instructions on the order and procedures for requesting re-examination of applications;
• Support for completing documents quickly and effectively;
• Advise the competent authority to re-evaluate the application
• Representing you to carry out procedures for re-evaluating industrial property registration applications
• Consulting on other related issues

Understanding how to re-evaluate an industrial property registration applications as well as documents and procedures will help customers do it quickly and smoothly. If you need detailed advice or want to use the service of re-evaluating industrial property registration applications at Long Phan, please contact Hotline 0906.735.386 for specific instructions.