Procedures for amending layout design protection registration applications

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Amendment of application for registration of layout design protection allows adjustment of information or application content before the National Office of Intellectual Property makes a decision to refuse to accept the application, grant or refuse to grant a protection title. This process helps complete the application, ensuring the accuracy and completeness of the application. Please refer to Long Phan’s article to clearly understand and receive detailed instructions on this procedure.

Amend the application for registration of layout design protection according to the latest regulations
Amend the application for registration of layout design protection according to the latest regulations

When is it required to amend the application for registration of layout design protection?

Amendments to the application for registration of layout design protection can be made before the National Office of Intellectual Property issues a decision to refuse to accept the application, or to grant or refuse to grant a protection title. Pursuant to Article 115 of the Law on Intellectual Property 2005 and Clause 1, Article 16 of Decree 65/2023/ND-CP stipulates the cases in which amendments are allowed as follows:

  • Amending and supplementing documents in the application with the condition that the amendments and supplements must not expand the scope (volume) of protection already disclosed in the set of photos, drawings and descriptions of the layout and design must not change the nature of the subject stated in the application;
  • Amendments to the name, address, country code of the applicant, name, nationality, address of the author of the layout design.
  • Modification of industrial property representation.
In case of amending the application for registration of layout design protection
In case of amending the application for registration of layout design protection

Procedure for amending layout design protection registration applications

Documents need to be prepared

To amend an application for registration of layout design protection, the applicant needs to prepare documents as prescribed in Clause 2, Article 16 of Decree 65/2023/ND-CP. Profile includes:

  1. In case the application is actively amended by the applicant after the state management agency in charge of industrial property rights accepts the valid application, including a change in the legal representative in Vietnam, the application requests an amendment. Changes must be made according to Form No. 04 in Appendix II of Decree 65/2023/ND-CP;
  2. In case of amending or supplementing an application before the National Office of Intellectual Property accepts or refuses to accept a valid application or amending or supplementing an application based on a notice of the National Office of Intellectual Property related to that application: Requirements: Requests for amendments and supplements must be expressed in writing, clearly stating the content of the request for amendments and supplements;
  3. In addition, depending on the request for amendments and supplements; Application for amendment and supplementation shall be submitted with the following documents.

Case 1: Amending and supplementing the content of the layout design registration application

  • 04 sets of photos or sets of drawings, descriptions of integrated circuits manufactured according to layout design (meeting regulations on documents in Appendix I of Decree 65/2023/ND-CP).
  • A detailed explanation of the content of amendments and supplements compared to the original submitted documents.

Case 2: Modifying the name, address, country code of the applicant, and the name and nationality of the author of the layout design:

  • The applicant must submit confirmation documents (original or certified copy) or legal documents (certified copy) proving the change (decision to change name, address;
  • The business registration certificate records the change of name, address, etc).

Case 3: Modifying industrial property representation

  • The applicant must submit a declaration of change in industrial property representation.
  1. Power of attorney (if applying through a representative);
  2. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office’s account).
Documents to note when amending the application for registration of layout design protection
Documents to note when amending the application for registration of layout design protection

Implementation steps

The process for amending a layout design protection application is specified in Clause 2, Article 16 of Decree 65/2023/ND-CP and Decision 2060/QD-BKHCN. Accordingly, it includes the following two main steps:

Step 1: Submit application

Organizations and individuals submit 01 set of documents requesting amendments and supplements to industrial property registration applications in person or online. Specifically:

  • Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
  • Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Processing the application

  • In case the application has no errors, the National Office of Intellectual Property shall issue a notice recording amendments to the application and publish it in the Industrial Property Official Gazette if the application has been accepted validly;
  • In case the application has errors or is invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept amendments or supplements to the application, clearly stating the reasons for the requester to correct the errors or have objections.
  • If the requester does not correct errors or the correction is unsatisfactory, there is no objection or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to accept the request for amendment or supplement. supplement application.
  • Processing time: 01 month from the date of receiving the application.

Fees and charges for amending layout design protection applications

When carrying out the procedure to amend the application for registration of layout design protection, the applicant needs to pay the fees as prescribed in Circular 263/2016/TT-BTC. Specifically, the applicable fees are as follows:

  • Fee for appraisal of application amendment request: 160,000 VND;
  • Fee for publishing revised information: 120,000 VND (from the 2nd image onwards: 60,000 VND/image);
  • Fee for publishing the description from the 7th page onwards: 10,000 VND/page.

Consulting services and support for amending layout design protection registration applications

Long Phan Company provides professional services to support you in the process of amending your application for registration of layout design protection. Long Phan’s experienced and dedicated team will accompany customers throughout the process, ensuring the amended documents fully meet legal requirements. Our scope of services includes:

  • Consulting on determining the content that needs to be revised.
  • Draft and complete amendment request documents.
  • Instructions on the order and procedures for amending layout design protection registration applications.
  • Consulting and guidance on preparing technical documents (descriptions, drawings, photos…).
  • Submit documents and track processing progress.
  • Consulting on resolving issues that arise during the process of amending layout design protection applications.

The procedure for amending a layout design protection application requires an understanding of regulations, processes and procedures. Customers need to consider this carefully before implementing it to ensure their benefits. For professional support, please contact the hotline 0906735386 for a free consultation. Long Phan is confident that his companionship will help customers complete the procedure smoothly and effectively.

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Amend the application for registration of layout design protection according to the latest regulations

Procedures for amending layout design protection registration applications