Renewing industrial design patents – Procedures

Renewing industrial design patents is a legal procedure that allows the owner to maintain the protection of an industrial design after the expiration of the first term. This procedure complies with the provisions of the Law on Intellectual Property and Decree 65/2023/ND-CP on registration and establishment of industrial property rights. The extension must be carried out in accordance with the correct process and deadline to avoid loss of protection rights. The article below will provide detailed information about the procedures for renewing industrial design patents.

When to perform renewing industrial design patents?

The time to renew an industrial design patent is a decisive factor in maintaining the validity of protection. Owners need to understand the renewal period to ensure their rights are continuously protected. Missing the extension deadline could lead to undesirable legal and commercial consequences.

According to the provisions of Article 31 of Decree 65/2023/ND-CP, the first validity period of an industrial design patent is 5 years from the date of application. Industrial design patents can be renewed consecutively two times, each time 5 years. Thus, the total maximum protection period for an industrial design can be up to 15 years.

The application for renewal must be submitted within a period of 6 months before the end of the validity period. However, applications will still be accepted if submitted within 6 months after the expiration date on condition that the license holder must pay the renewal fee and late payment renewal fee according to regulations.

Owners should note that if they do not renew on time, the industrial design patent will expire and the industrial design will become public property. At that time, anyone can use this design without asking permission or paying a fee to the previous owner. This is significant damage in terms of intellectual property for businesses.

Keeping track of renewal deadlines is the owner’s responsibility. The National Office of Intellectual Property has no obligation to notify the owner in advance that a patent is about to expire. Therefore, owners need to build a system to manage the validity period of their protection titles.

Application for renewing industrial design patents

Dossier for renewing industrial design patents needs to be fully and accurately prepared according to legal regulations. Improper preparation of documents may lead to refusal of extension or extension of processing time. Owners need to ensure all application components are submitted on time.

According to the regulations of the National Office of Intellectual Property, a dossier to renew an industrial design patent includes the following documents:

• The declaration request extension follows Form No. 07 in Appendix II of Decree 65/2023/ND-CP. The declaration must be completely filled in, signed and stamped (if any) by an authorized person.
• Original industrial design patent (in case the protection title is issued in paper form and there is a request to record the extension in the protection title).
• Power of attorney (if applying through a representative). The power of attorney must clearly state the scope of authorization, be signed by the authorizer, and have an authorization term.
• Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

The renewal request form must provide all of the following information: patent number to be renewed, date of grant, name and address of the license holder, name and address of the representative (if any), information about fee payment, and the number of times the extension is requested (1st or 2nd time).

In case there is a change in owner information (such as change of name, address, transfer of ownership), the owner needs to carry out the procedure to record the change before or at the same time as the renewal procedure. This ensures that the owner information on the patent is updated accurately.

In one dossier, it is possible to request an extension of validity for one or more protection titles if they have the same type of object and the same owner.

Procedures for renewing industrial design patents

The procedure for renewing industrial design patents includes specific steps, from submitting documents to receiving results. This process is carried out in accordance with the provisions of the Law on Intellectual Property and its guiding documents. Following the correct process shortens processing time and increases the likelihood of approval.

Step 1: Submit the application at the National Office of Intellectual Property or other application receiving locations designated by the Department.

Applications can be submitted directly, via postal service or online through the Public Service Portal of the National Office of Intellectual Property.

When submitting an application, the applicant will receive a receipt confirming the date of application.

Step 2: After receiving, the National Office of Intellectual Property will conduct an appraisal of the form of the extension request.

The appraisal process includes checking the completeness and validity of the dossier, the suitability of the subject requesting the extension, and payment of fees according to regulations.

The normal formality assessment time limit is 1 month from the date of application submission.

Step 3: Return results

If the dossier has any shortcomings, the National Office of Intellectual Property will send a notice requesting amendments and supplements within 01 month from the date of notice. The applicant is responsible for making amendments and supplements within 2 months from the date of notification. If amendments and supplements are not made on time, the extension request will be considered withdrawn.

If the dossier meets the requirements, the National Office of Intellectual Property will issue a decision to extend the validity of the industrial design patent. This decision will be recorded in the industrial property database and published in the Industrial Property Official Gazette. The renewal period takes effect immediately after the expiration of the first or previous renewal period.

Renewing industrial design patents service at Long Phan Consulting Company

Renewing industrial design patents service at Long Phan Consulting Company is designed to support owners throughout the entire renewal process. With a team of legal experts with high expertise in the field of intellectual property, Long Phan is committed to ensuring that customers’ rights are maximally protected. Our services include many items to suit the diverse needs of customers, specifically:

• Consulting on time, procedures and costs for renewing patents.
• Analyze the feasibility and benefits of the extension.
• Evaluate the current legal status of the patent.
• Draft and prepare renewal documents.
• Submit documents at the Intellectual Property Office or through the Public Service Portal.
• Monitor application processing status.
• Respond to requests for amendments and supplements from the Intellectual Property Office.
• Resolve problems during the renewal process.
• Fix the shortcomings of the profile.
• Advise on handling options in case the application is rejected.
• Receive the extension decision from the Intellectual Property Department.
• Check the accuracy of the extension decision.
• Hand over results to customers.

With many years of experience in the field of intellectual property, Long Phan Consulting Company is committed to providing professional, effective services with reasonable fees. We always update the latest intellectual property regulations to ensure our services comply with the law and meet customer requirements.

Some frequently asked questions

Below are frequently asked questions about renewing industrial design patents:

What if I miss both the 6-month renewal deadline and the 6-month renewal period?

In this case, your industrial design patent will expire. You will lose your copyright and anyone can use the design without your permission.

How many times can I renew my industrial design patent?

You can renew your industrial design patent two consecutive times, each time for 5 years.

How much is the fee for renewing industrial design patents?

Renewal fees will depend on current regulations of the National Office of Intellectual Property and may change over time. You need to check fee information at the time of application.

Can I submit my renewal application online?

Yes, you can submit your application for renewal online through the Public Service Portal of the National Office of Intellectual Property.

Does the Intellectual Property Office notify you before a patent expires?

No, the Intellectual Property Office has no obligation to provide prior notice. Keeping track of renewal deadlines is the owner’s responsibility.

How long does it take for the National Office of Intellectual Property to appraise the form of an extension request?

The normal formality assessment time limit is 01 month from the date of application submission.

What should I do if my profile is missing?

If your dossier has any shortcomings, the National Office of Intellectual Property will send a notice requesting amendments and supplements. You will have 2 months to do this.

Does the renewal of an industrial design patent require authorization?

In case you cannot submit directly, a power of attorney for a representative is required.

After renewal, how long is the industrial design protection period?

The total maximum protection period for an industrial design after 2 extensions is 15 years.

Conclude

Renewing industrial design patents is a legal procedure that cannot be ignored for owners who want to maintain protection rights. Correct implementation of procedures, deadlines and preparation of complete documents are factors that determine the success of this procedure. Long Phan Consulting Company with a team of experienced experts is ready to support customers throughout the entire renewal process, from initial consultation to completion of procedures. Please contact us immediately via hotline 0906735386 for specific advice on your case.