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APPLICATION HANDLING PROCEDURES
Applications
for protection titles
Applications
for protection titles must satisfy the requirements as to form and
substance according to the regulations on Circular No.3055/TT-SHCN
on December 31,1996 of Ministry of Science, Technology and Environment
and Regulation No. 308/DK of the NOIP on June11,1997
Filing
the applications for protection titles
The
application may be filed at the NOIP or at any other application
receiving places set up by NOIP. The application may also be sent
by registered mails through the postal service to the above said
application receiving places
Formality
examination
All
the applications for protection titles shall be examined formally.
The purpose of such examination is to examine whether the application
satisfies the requirements of an officially accepted application;
if the application is considered as officially accepted, an official
filing date, official filing number, priority date shall be determined.
The
time limit for the formality examination is 3 months from the date
the application arriving at the NOIP indicated on the application
receiving seal.
Publication
of officially accepted applications
All invention, utility solution, industrial design applications
which are considered officially accepted shall be published by the
NOIP on the Industrial Property Gazette.
Substantive
examination
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Substantive
examination shall be undertaken by NOIP for all officially accepted
applications for Protection titles of trademarks, industrial
designs and appellations of origin provided that the applicants
have paid due examination fees.
-
Substantive examination for an invention or a utility solution
shall only be carried out for officially accepted applications
at a request of the applicant or the third party, provided that
such request is submitted to the NOIP within 42 months from
priority date of the invention and 36 months from priority date
of the utility solution.
The
person, who requests the substantive examination of invention or
utility solution, shall have to pay prescribed fees
Terms
for substantive examination are:
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18
months for an invention application and 9 months for a utility
solution application, counted from the date the request for
substantive examination is received, or from the date the notice
of official acceptance of application is signed;
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9 months for an industrial design and a trademark application,
counted from the date the notice of official acceptance of application
is signed.
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6 months for an geographical indication application, counted from
the date of the notice of official acceptance of application
is signed.
The
result of examination shall be notified to the applicant. During
the term of examination, the applicant may initiate, or make an
invitation of the NOIP, amendments to the application provided that
such amendments do not change the substance of the claimed subject
matter.
Grant of Protection titles
If the object satisfies the criteria for protection, the notification
of the result of the substantive examination shall request the applicant
to pay the fee of protection title, the registration and grant fee
of protection title and the annual fees for the first year (with
respect to invention and utility solution):
If the applicant fails to pay the fees the application shall be
assumed withdrawn. If the applicant pays the fees, the protection
title shall be granted to the applicant, registered and published.
Publication of industrial property right information
The
granted titles of protection of industrial property, also the amendments,
renewal, invalidation of the granted titles and licensing contracts,
assignment contracts shall be published monthly in the Industrial
Property Gazette of NOIP.
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