Separating industrial property registration applications is an administrative procedure that takes place when an industrial owner wishes to split his initial industrial property registration application into multiple applications, called split applications. The article below will point out some notes in the process of separating industrial property registration applications as well as the procedures for separating applications according to legal regulations. We welcome you to follow us.

How are industrial property rights established?

Pursuant to Article 10 of Decree 65/2023/ND-CP, the basis for establishing industrial property rights is:

• For inventions, layout designs, industrial designs, trademarks and geographical indications, the basis for establishment is the decision of the state management agency on industrial property rights to grant protection titles to the users. submit an application to register those objects according to the provisions of Chapter VII, Chapter VIII and Chapter IX of the Law on Intellectual Property and Appendix I of this Decree.
• For internationally registered trademarks under the Madrid Agreement and Madrid Protocol, the basis for establishment is the acceptance of protection by the state management agency on industrial property rights.
• For industrial designs internationally registered under the Hague Agreement, the basis for establishment is the acceptance of protection by the state management agency on industrial property rights.
• For famous trademarks, the basis for establishment is the practice of widely using that trademark according to the provisions of Article 75 of the Intellectual Property Law without the need to carry out registration procedures.
• For trade names, the basis for establishment is the practice of legally using that trade name corresponding to the area (territory) and business field without the need to carry out registration procedures.
• For business secrets, the basis for establishment is financial, intellectual investment or any legal means to find, create or obtain information and keep the information confidential which constitutes a business secret. without having to go through the registration procedure.
• For the right to combat unfair competition, the basis for establishment is the practice of competition activities without the need to carry out registration procedures at the state management agency on industrial property rights.

Notes when separating industrial property registration applications

Below are some notes when you proceed with separating industrial property registration applications:

• The result of this procedure is that the separate application carries a new application number and is given the filing date of the original application or the priority date(s) of the original application (if any).
• The time to request division of an application is before the National Office of Intellectual Property issues a decision to refuse to accept the application, a decision to refuse to grant a protection title or a decision to grant a protection title, based on Point a, Clause 1. Article 17 of Decree 65/2023/ND-CP.
• The person requesting division of the application must pay fees for separate applications independent of the original application. There is no need to pay fees for examination of requests for priority rights (except in the case of division of industrial design applications due to lack of uniformity).
• The original application (after being split) continues to be processed according to the application handling procedures or according to the application amendment procedures according to Point d, Clause 1, Article 17 of Decree 65/2023/ND-CP.
• If the requester does not correct the 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 to split the application.

Procedure for separating industrial property registration applications

Prepared documents

The person requesting to separate the application needs to prepare a dossier including the following documents:

• Declaration for registration of inventions, industrial designs, and trademarks according to Model number 01, 07, 08 Appendix I Decree 65/2023/ND-CP
• Explanation of the subject matter requested for protection and the content of changes compared to the original application when filing a split application;
• Power of attorney (if applying through a representative);
• Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account).
• Official letter requesting division of application, clearly stating the reason for division and content of division of application

Jurisdiction to resolve

Pursuant to subsection 9, section 1, Part I of the List of administrative procedures issued together with Decision No. 2060/QD-BKHCN, the National Office of Intellectual Property – Ministry of Science and Technology is the agency competent to resolve requests. single split bridge.

Implementation steps

Pursuant to the provisions of Subsection 9, Section 1, Part I of the new administrative procedures issued together with Decision 2060/QD-BKHCN in 2023 stipulating procedures for separating registration applications, steps to be taken for procedures for separate applications. Industrial property registration is:

Step 1: Receiving applications

Organizations and individuals submit 01 set of documents requesting separation of industrial property registration applications to the National Office of Intellectual Property.

Step 2: Application processing

• In case the application has no errors, the split application is assessed by the National Office of Intellectual Property for form and continues to be processed according to the procedures not yet completed for the original application.
• 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 the division of the application, clearly stating the reasons for the requester to correct the errors or object.

Consulting services and support for separating industrial property registration applications.

During the process of separating industrial property registration applications, if you encounter any difficulties, please contact Long Phan. With his professional experience, Long Phan will advise and support you:

• Consulting on the steps to apply for separation of industrial property registration applications;
• Support in preparing dossiers and documents to request separation of industrial property registration applications;
• Monitor the processing of industrial property registration applications and assist in resolving arising issues;
• On behalf of customers, work with State agencies on separating industrial property registration applications;
• Hand over the results of separating the industrial property registration application to the customer.

If you need any more information about the procedure for separating industrial property registration applications, please contact Long Phan via hotline. 0906.735.386 for quick advice and support.