Before the NOIP issues a notice of refusal to accept a valid application, a notice of refusal to grant a protection title, or a decision to grant a protection title, the applicant may either actively or at the request of the Department of Intellectual Property to amend and supplement documents.
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KEY CONTENT SUMMARY
1. Application amendment and supplementation
2. Application split.
3. Application conversion.
4. Application handover.
1. Application amendment and supplementation::
- Before the NOIP issues a notice of refusal to accept a valid application, a notice of refusal to grant a protection title, or a decision to grant a protection title, the applicant may either actively or at the request of the Department of Intellectual Property. intellectual property to amend and supplement single documents.
- For a request to amend and supplement the Invention description and brief, the applicant must submit the revised document, enclosed with a detailed explanation of the revised content compared to the original submitted document:
- Amendments and supplements must not expand the scope (volume) of protection beyond the contents disclosed in the description for an invention registration application and must not change the nature of the application object. If the amendment expands the scope (volume) of protection or changes the nature of the subject matter, the applicant must file a new application and carry all procedures.
- The applicant can request correction of errors in the name, address of the applicant, the author.
- All requests for amendments and supplements must be made in writing using form 01-SĐĐ specified in Appendix B of Circular 01/2007/TT-BKHCN. Amendments may be requested with the same content in relation to multiple applications in condition that the requester pays a fee according to the number of applications.
- Amendments and supplements to an application, including a change of authorized person, made on the initiative of the applicant or at the request of the NOIP must be made in writing, clearly stating the amended contents. , supplement and enclosed with the application fee payment receipt for amendment and supplementation.
- The applicant may, on his own initiative or at the request of the NOIP, separate the application (separate one or several technical solutions in the patent application into one or more new applications, called splitted applications).
- The split application bears the new application number and is given the filing date of the original application or the priority date(s) of the original application (if any).
- For each splitted application, the applicant must pay the filing fee and any fees and charges for procedures carried out independently of the original application, but not the priority claim fee. The splitted application is examined for form and further processed according to the undone procedures in contrast to the original application. The splittedapplication must be re-published and the applicant must pay the publication fee if the application separation is made after the NOIP has issued a notice of acceptance of the valid application for the original application.
- The original application (after a split) continues to be processed according to the normal procedures and the applicant must pay a fee for amending and supplementing the application.
- Before the National Office of Intellectual Property issues a notice of refusal to grant a protection title or a decision to grant a protection title, to convert an invention registration application with request for an Invention Patent into an invention registration application with request for a Utility Solution Patent and vice versa as Point dd, Clause 1, Article 115 of the Intellectual Property Law, the person who requests for the procedures provided for in paragraph 1 of this Article shall pay fees and charges.
- After receiving a valid request for conversion of a valid application, the NOIP shall continue to carry out the procedures for processing the converted application according to the corresponding regulations, but shall not re-implement the procedures already carried out before the application conversion request.
- Before National Office Of Intellectual Property Of Vietnam (NOIP) issues one of the notices of refusal to accept a valid application, a notice of refusal to grant a protection title or a decision to grant a protection title, the applicant may request the NOIP to intellectual recognition of the transfer of the application to another person. The request to record the transfer is made according to form 02-CGD specified in Appendix B of Circular 01/2007/TT-BKHCN. To transfer the application, there must be documents proving that the transferee meets the requirements for the right to register.
(Citing http://www.vipri.gov.vn)
