CIRCULAR guide perform the procedure defines industrial property rights for inventions, utility solutions pursuant to Decree No. 54/2003/ND-CP dated 19 May 2003 from the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property, amended and supplemented by Decree No. 21/2001/ND-CP on 1st February 2001 of the Government;
The Ministry of science and technology implementation guides the procedure done, filing, examination of the petition to grant the degree of protection; procedures, amendment, renewal, suspension, cancellation of the effect the degree of protection for inventions and useful solutions.
Chapter I General provisions 1. Explain from, 1.1 language. In this circular, the terms below are interpreted as follows: a) "Decree" refers to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property, amended and supplemented by Decree No. 21/2001/ND-CP on 1st February 2001 of the Government;
b) "Patent Application" refers to the petition for the patentability of inventions;
c) "Single solution" refers to the petition for the patentability of utility solutions;
d) "application" refers to the Patent Application/solution Menu;
DD) "International Application" refers to a single international registration of inventions, utility solutions, filed under the Patent Cooperation Treaty, signed in Washington in 1970, amended in 1984 (hereafter abbreviated as PCT);
e) "applicant" means the organization or individual (hereinafter abbreviated as owner) name applicant;
f) "patent registration procedures/useful solution" is understood as the procedure of establishing industrial property rights for inventions, utility solutions and other related procedures.
1.2. in other words be understood according to the Decree.
2. confirmation of documents 2.1. Confirm the original documents in the process of implementing the registration of inventions, utility solutions, every original document of the transaction must be the subject standing order confirmation document name according to the following rules: a) If the subject individual is the document name, must have attached their signatures to the name of the owner or representative has the authority to sign on behalf of the subject;
b) If the subject organization's document name is required to use the seal, signature of authorized representative of the subject that must be stamped accompanied 2.2. Confirm copy a) document is a copy in any way why would all have to be confirmed as the original copies as defined in point 2.2. b) this shall be used as official documents in the process of conducting the registration of inventions, utility solutions.
b) documents to be admitted is duplicating the original if on a copy of one of the agencies or individuals the following: notary, the people's Committee, or the competent authority, the subject (all subject to) the original document name or the person they authorize. If there are multiple copies of the page, to confirm each page or pages to be borders.
2.3. Confirm a room a) Vietnamese translation of the documents must be confirmed as translated text from the original as defined in point 2.3. b) this shall be used as official documents in the process of conducting the registration of inventions, utility solutions.
b) confirmation of the translation can be conducted in one of the following ways:-certified;
-Confirmation of the subject (all subject to) the original document name or the person they authorize;
-Acknowledge the main competent authority's use of them in the process of conducting the procedure involved.
3. name of Person subject to conduct the registration of inventions, utility solutions 3.1. Only those specified in points 3.2 and 3.3 of this circular was the name of the new owner to conduct the registration of inventions, utility solutions before the intellectual property Bureau and other competent bodies.
The intellectual property Department and the competent authorities only allowed dealing with the speakers on and that transaction is considered the official transaction with the subject.
3.2. for the subject has the right to directly proceed to the applicant and the relevant procedures stipulated in paragraphs 2 and 3. a) article 15 of the Decree, the following people are allowed in the name of entities conducting registration of inventions, utility solutions before the intellectual property Bureau and other competent bodies : a) individual Main or representative under the law of the individual (the subject is personal);
b) legal representative of the subject; the individual is a member of the subject being represented by the law of the subject authorized representatives; Head of representative office or branch of the subject, are the legal representative of the subject authorized representative (for the subject is the entity or other entities);
c) head of the representative office in Vietnam by foreign entities, are subject to that authorized representatives; legal representative of the enterprise established in Vietnam, there are 100% invested by foreign entities, are subject to that authorized representatives;
d) Who meet one of the conditions specified in points 3.2. a), 3.2. b), 3.2. c) is an individual or a legal entity or in the other subject-if the subject includes many individuals, legal entities, other entities and if that person is all individuals, legal entities other entities, authorized representatives.
3.3. for the subject are only allowed to proceed to the application and the related procedures by through service organization industrial property agent specified in clause 3. b) article 15 of the Decree as well as for every other subject perform the above procedures through service organization industrial property agent , only the legal representative or the authorized representative of the Organization of the service industry property agent has the authoritative Paper of new entities are allowed to conduct the work referred to in Point 3.1 of this circular.
4. The authorization to conduct the procedure of registration of inventions, utility solutions 4.1. The authorization and implementation of authorization to conduct the registration of inventions, utility solutions must conform to the legal provisions of the contract, the contract is authoritative in the civil code and the provisions of this circular.
4.2. Every authorization to conduct the registration of inventions, utility solutions must be made into text (Attorney), which must include the following principal contents: a) name (full name), full address of the authorized Parties;
b) name (full name), full address of the authorized Parties;
c) authorization scope (the job that the party is authorized to perform on behalf of the authoritative Party);
d) on establishment of the authoritative Paper;
DD) signature and/or seal of the person who created the authoritative Paper;
e) time limit the authorization.
The authoritative paper there is no time limit for authorisation be considered in effect indefinitely and only ended when the authoritative Party declared the termination of the authorization.
4.3. the Parties authorized the individual is allowed to perform the registration of inventions, utility solutions specified in point 3.2 of this circular, or service organization industrial property agent.
4.4. When conducting registration of inventions, utility solutions according to the authorization, authorized Party must submit the original authoritative Paper. Every change of the scope of the authorization and the authorization termination ahead of time are to be reported to the Bureau of the intellectual and the competent authorities in writing and only has an effect on the body that get the message.
4.5. If the Attorney has the authorization scope includes much work related to independent procedures with each other and the original authoritative Paper was submitted to the Bureau of intellectual property, then proceed to the next procedure, authorized Party must raise exactly the number and filing date has the original authoritative Paper there.
Chapter II application and handling menu Item 1. Menu 5. Formal requirements for Application 5.1. Single must meet the requirements on the form as follows: a Single document) must be made by Vietnamese, except for documents can be presented in another language as defined in points 5.2 and 5.3 of this circular;
b) Single document must be presented vertically (separate drawings, diagrams and tables may be presented horizontally) on one side of A4 paper (297 mm x 3kinds), which has four sides, each under margin * margin width 20 mm, excluding supporting documents that the source document is not intended to put on the Menu;
Each page of A patent description/solution (hereafter abbreviated as A description) specified in point 6.2. b) this circular contain only a maximum of 450 from the menu.
c) If document type would need to set up the required form using the form by filling in the appropriate seats reserved;
d) Each type of documents include many pages to be written order number each page with Arabic numerals;
e) documents must be typed or printed using inks hard fade, clear, clean, not erasing, no repair;
f) term used in the application must be the common terminology, symbols, units of measurement, electronic fonts used in the application are in Vietnam;
g) can be accompanied by supporting documentation is electronic data carriers of a part or the whole content of single documents, presented under the provisions on the form of the document intellectual property Bureau.
5.2. The following material can be made of other Vietnamese language but must be translated into Vietnamese: a) the authoritative Paper;
b) document verification of legal filing if the applicant is the beneficiary of another's right to file (certificate of inheritance certificate, or transfer the right to file agreement (including transfer application was filed); Assigning contracts or labor contracts, ...);
c) documents proving the priority right basis (confirmation of receipt for single copy/the first single; Certificate on display in the exhibition. Priority assignment if the rights which are beneficiary from others).
5.3. The following material can be made of other Vietnamese language, but if the intellectual property Bureau required it must be translated into Vietnamese: a) a copy of the first application to demonstrate the basis of priority rights;
b) other documents to support the application.
6. content requirements for single 6.1. Application to ensure consistency with the provisions of item 2 article 11 of the Decree. Consistency of Application is considered secured, if single: a) requires protection of a single object; or b) requires protection of a group object is engineering, modern creative, only a generic diagram in the following cases:-an object used to generate (produce, produced, prepared) the other objects (for example, objects or substances and method of fabrication (prepared) the object or substance in general or part of them);
-An object used to perform the other objects (for example methods and objects to implement that method in general or a stage of the method);
-An object used to use other objects (for example methods and substances used for methods; methods or objects and part of it; use the object or substance under new functions and methods of using them by this function);
-Objects in the same format, with the same function to ensure the same result is obtained (the implementation of technical solutions).
6.2. the Application must include the following documents: a) declarations require patentability of inventions, utility solutions, follow the form prescribed in annex of this circular;
b) A description, including the description, claims, drawings, diagrams, a compute ... (if necessary to clarify further the nature of the technical solution articulated in the description);
c) summary of the invention, useful solution (hereafter abbreviated summary);
d) authoritative Paper (cases filed through a representative);
DD) copy of the first application or the first single or the certification documents on display the exhibition if the form entitled request for priority rights under international treaties;
e) certificate from the filing fee, the fee and fee application disclosure request enjoys priority (if required to enjoy the right of priority), substantive examination fee (if requesting substantive examination), patent classification, useful solution (if the applicant does not classify).
6.3. The documents specified in point 6.2 of this circular shall be filed at the same time. The following documents can be filed within 3 months from the date of filing: a) the Vietnamese translation of the documents specified in points 6.2. b) and 6.2. c), if the form had the English version of the document;
b) documents specified in point 6.2. d) this circular, including a Vietnamese translation, if the form has a copy of that document;
c) documents specified in point 6.2.) of this circular, including a Vietnamese translation in case the required intellectual property Bureau.
6.4. the base case (evidence) to cast doubt on the authenticity of the information on the form, the intellectual property Department has the right to ask the applicant within a period of 1 month from the date of the request, to submit documents to verify that information, especially the document confirming the right to file legal if the applicant is the beneficiary of another's right to file (paper certificate of inheritance rights, for certificates or file transfer agreement; Assigning contracts or labor contracts, ...); trial results of drugs on the human body, animal or plant stated in the description (when the object needs to be protected as medicine for human, animal or plant).
6.5. in the Declaration the need stated classification index technical solutions need protection under the international classification of patents (the Strasbourg Convention). If the applicant is not classified or categorized incorrectly, the intellectual property Department will sort and the applicant must pay a service charge classification.
6.6. The description in the specification to reveal fully the nature of the technical solution should be protected. In a description must have sufficient information to base it on that, any person who has the average level in the respective technical field can make is that solution.
The description must make clear the novelty, the inventive level (if the object needs to patent protection) and the ability to apply technical solutions need to be protected.
The description must include the following: a) the object name needs to be protected (hereafter abbreviated as "objects") or the primary object, b) areas in which objects are used or related, c) technical condition in the field comes on at the time of filing (the same object already know) , if any, d) the nature of the object, which must specify the signs (characteristics) that make up the object and must indicate the marks (characteristics) are new in comparison with similar technical solutions already know,
DD) a brief description of the drawings (if any), e) detailed description of the implemented object, f) for example made the object, if necessary, g) the benefits (efficiency) can be achieved when using the object, if necessary.
6.7. The requirements of protection used to determine the range (volume) protection for patent/utility solution. Requests for protection should be presented concisely, clearly, in accordance with the description and drawings and must conform to the following provisions.
a) request for protection should be the description illustrates a way full, i.e. must be made by listed the sign stated in the description, necessary and sufficient to identify the object, in order to achieve the goal and to distinguish objects with a known object.
b) requires protection not be cited to the description and drawings, except in the cases cited to the part cannot be described in words, exactly like the nucleotit sequence and amino acid sequence, diffraction map, status schema;
c) require protection to be written into a sentence and should (not) be made into two parts: "the limit" and "discrimination", in that:-"limited" Section includes the object name and the sign of the object that coincides with signs of a known object and is connected with "discrimination" by the phrase "different in that" or "characterized in that" or the from equivalent;
-"Discrimination" includes the different signs of the object compared with the known audience for this and other signs associated with the sign of "the limit" constitutes the required object.
d) requirements for protection may include one or more points, which requires protection of many points can be used to:-express an object need to be protected, with the first point (called points), points (points) next used to supplement, clarify, independent development (called points); or-represents a group of objects that need to be protected, with some independent points, each point represents an independent object of protection should be in that group, each point of this independence can have a score (the score).
e) the point of asking for protection must be numbered consecutively with Arabic numerals, followed by a dot.
f) requires protection of many points used to express an object group must meet the following requirements:-The independent, separate objects, are not cited to the point of asking for protection, unless the lead Institute which lets avoid the repetition of content completely different points;
-The points depend must be made immediately after the point of independence which they depend.
g) if single drawing the sign stated in the request for protection may be accompanied by the number of directions, but are placed in parentheses.
6.8. The summary used to announce a summarization of the nature of the invention, useful solution (no more than 150 words). The summary must reveal the contents are mainly about the nature of the technical solution for the purpose of information. The summary can be painting, characteristic formulas.
6.9. The description, drawings, requirements for protection, the summary and other documents of the Single must meet the requirements detailed on the form, the content specified in the regulations regarding form and procedures for conducting the registration of inventions, utility solutions by Ministry of science and technology.
6.10. the requirements for patent/utility solutions related to biotechnology a) in addition to the General requirements for the description of inventions, utility solutions specified in point 6.6, for single patent/utility solution on gene sequences or partial sequences of genes, the description must contain a sequence listing genes are expressed under WIPO Standard St. 25 section 2 (ii) ( Standard express catalog order nucleotit and amino acid sequences in Patent Application).
b) intellectual property Bureau may require the applicant to submit electronic information carriers (e.g. diskettes, optical drives ...) be read by electronic means in that records the sequence nucleotit and amino acid sequence identical to the category the sequence outlined in the description.
c) for patent/utility solution about (or related to) the biological material can not be described or cannot be fully described to the point that the average qualified person in the field of biotechnology could make the invention, only useful solution is considered to be revealed in full if :-biological material Samples were submitted at the Agency retains authority under the provisions of this circular 6.11 Points no later than the date of application;
-In the description there stating the necessary information about the characteristics of the biological material to which the applicant may have been; and-In declarations have stated the Agency kept the biological material and the number of stored samples of biological material to be submitted by the Agency kept level and the document confirming this information be submitted to the Bureau of intellectual property within the time limit of 16 months from the priority date , or no later than the filing date requirements announced early singles (if any).
d) where the applicant is not the person who submitted the biological materials, in the Declaration must clearly state the name and address of the person who submitted the document and validate the use of legally biological material must be submitted to the Bureau of intellectual property within the time limit of 16 months from the priority date , or no later than the filing date requirements announced early singles (if any).
6.11. the deposit of biological material a) the purpose of the submitted samples of biological materials is intended to serve a single content testing process involving biological material.
b) Templates for biological material must be submitted to the competent organs stored biological material no later than the filing date related to biological materials.
c) retention receptors biological material (by the Ministry of science and technology specified) made the acquisition and retention of biological materials by the patent applicant/helpful solutions filed under regulations of storing biological materials by Ministry of science and technology.
Section 2. Submit and receive a 7 Single. A single application may be filed in the Office of intellectual property, or in any other Single reception venue by owning intellectual property set. Application can also be submitted in the form of guarantee via postal mail to the location receiving the aforementioned Single.
8. Receipt 8.1 Menu. When received, the intellectual property Department must perform the following tasks: a) check list the materials stated in the Declaration;
b) noted the difference between a category of documents recorded in the declarations and the actual document in the application;
c preliminary Application to check) the conclusion has the Single reception or not under Point 8.2 of this circular and stamp confirming the date of filing on the Declaration, if the receiving Application;
d) gives the applicant a receipt confirmation stamp single filing date, application number and have recorded inspection results document list, have them name, signature of the officer received the application.
8.2. Intellectual property Bureau did not receive a deficiency in the Application if the Application materials are required to have the following: a) Declaration, which must contain information about the name and address of the applicant;
b) A description, including the requirements for protection;
c) certificate from the filed application fee.
8.3. In case the Application is not received, within 15 days of receipt, the intellectual property Bureau must send notification to the applicant refused receiving unit, which stated the reason for not receiving your application and assign a time limit of 2 months (from the date of the notice) to the applicant to fix the flaws.
If within the time limit specified the applicant filed the documents specified in point 8.2 of this circular, the unit is considered as having been received on the day of submission of the document.
For those not receiving Unit, the Bureau of intellectual property does not have to return to the applicant the documents menu, but must repay the charges, the fees submitted under the procedure of refund of fees prescribed in this circular.
Category 3. The test Application form 9. The purpose, the content of the examination Application form test form is to check compliance with the provisions on the form for single, from which the singles draw conclusions have been considered valid or not.
Valid application will be considered next. Invalid application will be rejected (not reviewed).
10. valid 10.1 Menu menu is considered valid if not belonging to one of the following cases: a) Menu made with other Vietnamese language, except in cases defined in points 5.2 and 5.3 of this circular;
b) In declarations do not have enough information about the author, about the applicant, representation, no signature and/or seal of the applicant or of the representative;
c) Are the basis for the assertion that the applicant did not have the right to file;
d) is filed contrary to the provisions of article 15 of the Decree;
DD) A description, a summary of work in English that the applicant does not supplement a Vietnamese within the time limit prescribed in point 6.3 of this circular;
e) Attorney was not filed within the time limit specified in point 6.3 of this circular;
f) Menu is also the shortcomings referred to in Point 12 of this circular affect the validity of the application and even though has been the Bureau of intellectual property requires repair, the applicant still does not fix or repair is not satisfactory;
g) Have the basis to assert that right, clearly stated in the application object is the object not the State protected by the provisions of article 787 the civil code and in paragraph 4 Article 4 of the Decree.
10.2. for many Single object, if single in the case outlined in points 10.1. g), 11), 11. d) this circular and the omission does not relate to all the objects in the application, the Application is considered not valid in part (for the objects flawed), with the remaining objects are still considered valid.
11. the shortcomings of Single processor during the test form 11.1. The omission of the Unit to be repaired during the period of the test form: a) Menu does not satisfy the consistency;
b) does not meet the formal requirements of presentation;
c) information about the applicant in the document is not consistent with each other or be erasing or not validated as prescribed;
d) have not filed enough filing fee, the fee single classified and published technical solution (if the Bureau of intellectual make);
11.2. The intellectual property Bureau to notify the applicant of the deficiencies specified in point 11.1 and within 2 months from the date of the notice, the applicant must have that shortcomings.
12. Determine the filing date 12.1. The filing date is the date Menu to intellectual property Bureau in accepting Sign on the Declaration.
12.2. for International Application designating or/and select Vietnam and satisfy the requirements stated in points 58 or 59, the filing date is the international filing date.
13. Identify the priority date 13.1. If the Application does not require the enjoyment of the right of priority or even though the Menu has asked to enjoy the right of priority, but not the intellectual property Bureau approval, the priority date is the date of filing.
13.2. If the applicant requires the enjoyment of the right of priority, the priority date (or the priority date) is the day stated in the aforementioned requirements and be approved by intellectual property Bureau.
14. Notification of acceptance if single Unit is considered valid, the intellectual Bureau is responsible for sending the notice to the applicant accepts the valid application, which must specify the name, address of the applicant; the name service organization industrial property representative (if the application is filed through that organization); the object name stated in the application, the filing date and number, the priority date of the application. The case entitled priority requests not approved they must clearly state the reason.
15. Refuse to accept Application If Application is considered invalid, the intellectual property Department send the notice to the applicant intends to refuse to accept the application, which must specify the deficiencies cause the Application is considered invalid and fixing a time limit of two months from the date of the notification to the applicant of comments intended to refuse to accept the application.
The case the applicant has no comments or comments not intended for refusing to accept the application, the Bureau official intellectual property notice refuse to accept your application and refund the fee, the fee has to be filed concerning the work after the test form at the request of the applicant.
16. The time limit for the test Application form 16.1. The time limit for examination form is 1 month from the date of filing. Particularly for Menu has additional filings as defined in point 6.3 of this circular, the term form test is 1 month from the date the additional documents.
16.2. If during the examination of the Application form, the applicant or upon the request of the intellectual property Bureau conducted repair work, additional documents, the time limit for the test form was extended by 15 days. Single case is modified and supplemented at the request of the Bureau of intellectual property, the time limit for the applicant to amend the single supplement, don't count on the time limit for examination form.
Item 4. Single publication 17. Valid Application and publication of the International Application has duly accepted the intellectual property Department has published in the Official Gazette of industrial property. The applicant must submit the fee disclosure form.
18. The deadline announced 18.1 Application. It was announced in the 19th month from the priority date, unless otherwise specified in 18.2, 18.3, 18.4 points to this circular.
18.2. the applicant requests early publication was published in the 2nd month of the date the intellectual property Bureau received the request announced soon or from the date the application accepts valid, depending on whichever.
18.3. For single has written request substantive examination filed before the Application is accepted, will be published in the second month since the date of Application is accepted.
18.4. For single has written request substantive examination filed after the Application is accepted and valid but before the end of the time limit of 18 months from the priority date, to be announced in the second month since the intellectual property Bureau received request substantive examination.
18.5. the International Application was published in the 2nd month of the date of acceptance of a valid application.
19. Single publication content-related information is valid to be published in the Official Gazette include: all valid information recorded in a valid application acceptance notification; the information related to the transfer menu, split menu...; The summary; one or some of the drawings (if any).
20. Access to detailed information about valid Menu everyone can reach the information about the nature of the objects stated in the application, or request the intellectual property Bureau providing that information and the request for information must submit the prescribed fee.
Section 5. Substantive examination Application 21. Request substantive examination of inventions, utility solutions 21.1. Within a period of 42 months from the priority date of the Patent Application, 36 months from the priority date of the Application of useful solutions, the applicant or any third persons can request the intellectual property Bureau to conduct substantive examination of inventions, utility solutions, respectively. If there is adequate reason, the time limit for filing the request for examination of the content may be extended, but not more than 6 months.
The person requesting substantive examination of inventions, utility solutions have to file charges and fees prescribed content tests. If requesting substantive examination be filed later than the fixed time limit, the person required to submit renewal fee (late). If not file charges and fees lookup test content, test the content submitted to the intellectual property Bureau deemed no value.
21.2. to request substantive examination of inventions, utility solutions, filed after a Single publication, published in the Official Gazette of industrial property in the second month from the date of receiving the written request for examination, and was notified to the applicant.
Request substantive examination of inventions, utility solutions, filed before the publication is published together with the corresponding Application by 18.3 points, 18.4 of this circular.
21.3. Except in the case of test content the applicant itself stated in the Declaration, request substantive examination of inventions, utility solutions must be made in writing, follow the form prescribed in annex to this circular and must accompany the certificate from file charges and fees lookup content tests.
21.4. where no request substantive examination filed within the time limit specified in this circular, single 21.1 Points deemed to be withdrawal at the end of that period.
22. The purpose of the examination content the purpose of substantive examination Application is the ability to be the object of protection outlined in the Application according to the criteria of protection, determine the scope of protection (mass) respectively.
23. Use of results information lookups during substantive examination 23.1. When conducting the test content, intellectual property Bureau should conduct information retrieval in minimal sources of information specified in point 34.2 this circular to collate and evaluate the objects stated in the Application according to the standards of protection.
23.2. In the process of testing a single priority content, intellectual property Bureau can use results information lookup and corresponding Unit test results filed abroad. The applicant can provide the Bureau of intellectual property the following documents for the examination content: a) results in information retrieval or Single test has filed overseas for the object indicated in the Application;
b) copies of Patent or other protection was granted on the basis of submitted Application abroad for the object indicated in the Application;
c) documents related to the technical status of the objects stated in the Application that the applicant is a foreign patent authority provided.
24. Considering the opinions of the third person in the course of substantive examination, the intellectual property Department must consider the opinions of third persons (if any) on the support or oppose the issuing of protection. Intellectual property Bureau to notify people who have opinions about the comments that have been accepted or not, if not accepted must clearly state the reason.
25. Requests for repair of the flaws in form 25.1 Menu contents, explanation. In the course of substantive examination, the intellectual property Department has the right to request the applicant to explain the contents of the documents menu or fix the omissions on the Application form. If the applicant does not meet the requirements, the unit being regarded as withdrawn and not be further considered.
25.2. The intellectual property Bureau are not required the applicant to provide information beyond what the nature of the objects stated in the application, particularly not be required to provide the information that the applicant wanted to keep secret.
25.3. All the amendments and supplements to the documentation of the Application must be made by the applicant himself. The Bureau of intellectual property are not allowed to directly implement the amendments and supplements.
26. The suspension of 26.1 content tests. In the following cases, the substantive examination be suspended: a Single clearly does not show) the nature of the object: the documents relating to the nature of the object such as A description, a lack of protection requirements for information to determine the nature of the content objects or information about the nature of objects is not clear , not practical or specific deficiency or material that is not consistent to the extent not identified object;
b) objects not suitable for ask patentability of inventions, utility solutions or is the subject of State protection according to the provisions of article 787 the civil code and article 4 paragraph 4 of the Decree;
c) Has requested to suspend the examination of the content or have claims withdrawn/abandoned applicant's Application.
26.2. The intellectual property Bureau shall inform the applicant about the suspension of the test content and reasons that led to the suspension that followed the procedure of notification procedures-like examination results content (except where the suspension was conducted at the request of the applicant).
27. Appeal the suspension; Recover content tests 27.1. The applicant has the right to appeal the suspension of examination content and intellectual property Bureau is responsible for handling the complaint of the applicant according to the procedure specified in section 3 of Chapter 4 of this circular.
27.2. If the results of the complaints the applicant determines that the applicant's complaint is accurate, the intellectual property Department to recover the examination content menu. In this case, the intellectual property Department is not allowed to extend the test content.
28. The content, the object self assessment according to the standard of protection 28.1. The content of the assessment of the object according to the standard of protection is to define the object of protection outlined in the application is consistent with the patentability of inventions, utility solutions or not, if appropriate, then reviews the object in turn by the standards of protection.
28.2. The evaluation according to the standard of protection be conducted in turn by each object (if the Menu includes many objects that still guaranteed consistency), with each object having reviews be conducted in turn by the standards specified in Chapter 3 of this circular.
The evaluation was conducted in turn by the point stated in the request for protection.
28.3. The assessment of each object to be ended if: a) find reason to conclude the subject does not meet one of the criteria of protection, or b) found no reason to conclude that the subject does not meet any of the standards of protection.
In the case of a), the examination ended with the conclusion that the subject does not meet the criteria for protection.
In the case of b), the examination ended with the conclusion that the subject meets the standard of protection.
29. Notice 29.1 content test results. Single content test result must be intellectual Bureau informs the applicant and to the person who requested the test content, which must specify the object have standard of protection or not.
29.2. If the subject stated in the Menu does not match the requested patentability of inventions, utility solutions or if objects match but do not meet the standards of protection, in the message content test results are clearly intended to refuse to grant the degree of protection, and stating the reasons for refusal at the same time to determine the time limit of 2 months from the date of the notification to the applicant of the opinion; If the ranges (quantity) of protection too broad, in the notice must clearly state the reasons and indicate intended to narrow the scope of (mass).
29.3. If the object meets the criteria of protection but also the Single flawed then the test results in the message content must specify the deficiencies and fixing a time limit of two months from the date of the notification to the applicant of the opinion or shortcomings, and to notify the intention to refuse to grant the degree of protection in case the applicant does not fix flawed unsatisfactory or no opinion opposed.
29.4. If the subject meets the standard of protection, or the case referred to in point of 29.2 and 29.3 of this circular to which the applicant has narrow scope (volume) protection to the object meets the standard of protection, or correcting deficiencies and/or have comments for accurate then, in the message content test results (or message content test result times 2 for the cases referred to in point of 29.2 and 29.3 of this circular) must fix the time limit for the applicant to submit the fee disclosure protection degree, registration fees and issuing protection and annuity fee the first year. The aforesaid period is 2 months from the date of notification.
29.5. If within the time limit was determined the applicant not to fix the flaws or shortcomings does not meet the requirements and/or have no comments or comments not objections for the intellectual property Bureau officially refused to grant the degree of protection.
The case announced the results of tests fixed deadline content of fees as prescribed in this circular 29.4 Points which the applicant does not pay the fees for registration, publication and grant fees the degree of protection within the time limit specified, the intellectual property Department refused to grant the degree of protection. If within the time limit specified the applicant filed only publication fee, registration fee and the fee for issuing of protection without submitting the fee the first year annuity shall still be granted protection degree, but the degree of protection force suspended under article 28.2 b) Decree.
29.6. for many Application objects, if only some of the objects that belong to the case mentioned in this circular 29.5 Points, refused to grant the degree of protection only in relation to that object (the degree of protection is still provided for the rest of the audience). To be granted a degree of protection, the applicant must modify the description for the object left to meet the requirements referred to in Point 6 of this circular.
30. The time limit for examination 30.1. The time limit for examination of the Application content is 12 months from the date of receiving the request for examination of the content (if the request is submitted after the date of publication) or from the date of publication (if requesting substantive examination be filed before the date of publication of application).
30.2. If in the course of substantive examination, the applicant or upon the request of the intellectual property Bureau conducted repair work, additional documents, the time limit for examination was extended by 1 month. Single case fixing, additional documents as requested by the Bureau of intellectual property, the time limit for the applicant to fix, additional material not included in the duration of the test content.
30.3. Before the end of the time limit for the test content, intellectual property Bureau must send a notice of the results of tests the content for the applicant and the examination requirements prescribed in Points 29 to this circular.
Item 6. Modify Menu 31. Additional amendments, split, transfer, convert Single 31.1. Before the Bureau of intellectual property notice refuse to accept the application, notice of refusal to grant the degree of protection or the decision to grant the degree of protection, the applicant can proactively or at the request of the Bureau of intellectual property, amendment, addition of the Single document, including single-split (split one or several technical solutions in the Patent Application, useful solutions to a or more of the new single, called Single split).
The applicant must file a document with the content was modified (to replace the unmodified document) and a presentation of content modification compared to the unmodified content and the prescribed fees.
31.2. The amendments and supplements to single not expand the scope of (mass) of protection beyond the content revealed in the description and do not alter the nature of the object mentioned in the application as well as ensure uniformity of application. If the repairs do extend the scope of protection (mass) or alter the nature of the object, the applicant must submit a new Application, and any procedure to be conducted from the beginning.
31.3. The Cup kept the filing date, the priority date of the initial Application. For each separate application fee, and any fees, the fees to be charged if not yet filed under the original Application, and for the procedure to be performed independent of the original Application. Single split is processed according to the procedure as for a new application but not be published if the separation is done after the initial Menu claimed. On request Single Cup is regarded as the date modified, supplemented the original Menu to calculate the time limit for examination of the original Single. The original single (after the split) continue to be processed according to the usual order and the applicant must submit the revised fees, additional menu.
31.4. The applicant may request noted a change in the name, the address of the applicant and the applicant changes (Single assignment, shifting right for single due to inheritance, merger, legal split, according to the ruling of the Court...). The request noted changes must be made in writing and the person required to file the prescribed fee. In a text may require related changes recorded several Singles with the same content change need noted, on condition that the applicant filed the fee according to the number of the relevant Application.
31.5. Case of converting the Single patent solution or vice versa according to article 13 of the Decree, the procedures have not been conducted with regard to the original Application to be processed according to the Application Converter. Single conversion date is considered the date modified, additional menu to calculate the time limit for Single tests transition.
Requires converting the Single patent of useful solutions under item 2 article 13 of the decree are only accepted in case of refused patent patentability for reasons of technical solutions have no creativity.
Chapter III reviews the standard object of protection 32. Evaluate the fit between the objects stated in the application and required patentability of inventions, utility solutions 32.1. The subject stated in the Application is not consistent with the requirements issued By patent/patent useful solution if that object is not a technical solution or not is the use of a technical solution.
32.2. technical solutions-the object of protection of inventions, utility solutions a) technical solutions-the object to be protected under patent, is a useful solution-is the set of necessary and sufficient information on how the technical and/or technical means to solve a problem.
b) technical solutions can and can only belong to one of the following forms:-the technical solution of the form objects (Tools, machinery, equipment, components and electrical circuits ...) are represented by a collection of information identifying an artificial product is characterized by the signs (characteristics) of the texture , that product has the function (the function) as a means of satisfying a certain human needs;
-Technical solutions of the form nature (material, material, food, pharmaceutical, ...) are represented by a collection of information identifying an artificial product is characterized by the signs (characteristics) of the presence, the ratio and the status of the element, the function (the function) as a means of satisfying a certain human needs;
-Technical solutions as materials (plant, animals; gene GMO ...) are represented by a collection of information about a product containing genetic information being transformed under the action of man, capable of reproducing themselves;
-Technical solutions of the form process (process technology; diagnostic, prediction methods, check processing, ...) are represented by a collection of information that determines how to conduct a process, a specific work is characterized by the signs (characteristics) of the order conditions, the measures the media, perform the operation in order to achieve a certain purpose.
c) technical solutions differ only by function (use) or the purpose of use is also considered various technical solutions.
d) In the following cases, the stated objects in the application are not considered technical solutions:-the object stated in the Menu are just ideas or intent, only (most recent) problem that is not the way to solve the problem, can't answer the question "how" or/and "by what means";
-The issue was set out to solve the technical problem is not and cannot be solved by technical knowledge (for example, the kind of rules, games, math, laws of physics; methods and systems of organization, management, training, language systems; training; sorting method information; diagram; territory planning the external appearance of the product only bring the aesthetic characteristics;...);
-The products of nature or natural, is not the product of human creativity.
33. the ability to apply technical solutions of 33.1. According to article 4 paragraph 3 of the Decree, a technical solution was considered likely apply if based on the information on the nature of the solutions outlined in the specification, may make that solution with results as outlined in the description.
33.2. the technical solution articulated in the application are considered to be "can be done" if: a) The information about the nature of the solution along with the instruction on the technical conditions needed to be presented in a clear full to the extent of allowing the average knowledge level in the respective technical field can create , producing or/and can use, exploit or/and conduct is the solution;
b) creating, producing, using, exploiting or proceed to the solution mentioned above can be repeated with the same results, and the same with the results stated in the specification.
33.3. in the following cases, the technical solution is not likely to apply: a) the nature of the object or the object implementation goes against the basic principle of Science (for example, do not follow the principle of conservation of energy, etc.);
b) objects includes the elements/components do not have the technical relationship with each other or can not contact (pairing, binding, dependency ...) are together;
c) objects containing internal contradictions;
d) can only be performed for the object in a limited number of times done (can not be repeated);
DD) to be able to make the solution, the implementation must have special skills and skills that cannot absorb or indications are for others;
e) the results obtained from the implementation of heterogeneous times together;
f) other results obtained with the results stated in the application;
g) completely without or lacking the most important instruction to implement solutions;
h) With the other reasons.
34. Reviews the novelty of 34.1 technical solution. A technical solution is considered to be new if it meets the conditions stipulated in clause 1 article 4 of the Decree.
34.2. Source information required a minimum) to assess the novelty of technical solution outlined in the application, at least to check the information in the resources required for the following (but not limited to lookup only in minimal Sources there):-all the other was intellectual property Bureau received the same classification index with the index of the sort object stated in Single-computer to subclass index (index of the third class) and has a priority date earlier than the priority date of the application, unless the Application has been or will be published;
-The Patent Application or/and the patent because the Organization, other Nations announce/levels within 25 years before the date of priority of the Application-stored in patent databases are available at the Directorate of intellectual property, with the range retrieval as prescribed in the preceding paragraph;
b) In the case where necessary and possible, the search was extended to the scientific reports, report the results of the program, research ... in the same technical field are published and stored at the Center for information science and technology in the country.
34.3. reference purposes; A lookup reports) the purpose of the retrieval of information is to find technical solutions have similar nature or overlap with the technical solution articulated in the application, including:-Two duplicate technical solution when there are all these signs (characteristics) basically the same or equivalent (substitute for each other);
-Two technical solutions are similar when the majority of the signs (characteristics) basically the same or equivalent (substitute for each other);
-"Technical solutions for" technical solution is identical or similar to the technical solution articulated in the application.
b) information lookup results must be expressed in the report reference, which must specify the field, lookup, lookup range search results in that range (statistics confronting solutions were found, indicating the duplicate signs, source of information, the date of publication of the corresponding information) and to raise them to the name of the reporting (lookup).
34.4. The conclusion about the novelty of a technical solution) to assess the novelty of technical solution outlined in the application, to conduct the comparison of the signs (characteristics) of basic technical solutions with the basic signs of technical solutions for the certificate is found in the lookup process information , including: basic sign of the technical solution is functional characteristics, uses, texture, composition, link ... along with other basic markings form a set of necessary and sufficient to identify the nature of the (content) of objects (including function, uses);
The basic signs of technical solution outlined in the application, in the Patent the invention be made in asking for protection of inventions, utility solutions. The basic signs of technical solutions outlined in other documents be made and discovered by the document description or the form of expressing the fact that technical solution.
b) corresponding to a point of asking for protection, the technical solution outlined in the Application are considered new compared with the level of engineering in the world if:-the technical solution was not found in the process of retrieval of information; or-find technical solutions for the technical solution but the evidence outlined in the application has at least one basic indication not in confronting technical solution (and signs which are called the basic signs of difference).
35. Assessment of innovative technical solutions
35.1. the technical solution articulated in the application was considered innovative if qualified to meet the conditions specified in paragraph 2 article 4 of the Decree. The assessment of the level of innovative technical solutions outlined in the Application made under the provisions of this Point.
35.2. the minimum resources required when evaluating the level of innovative technical solutions, at least to check the information in the minimum resources required (but not only limited in resources) as prescribed in this circular 34.2 Points (except for the single has not been announced as of the priority date of the application).
35.3. Reviews creative level a) assessing the level of innovative technical solutions outlined in the Petition is made by assessing the signs/basic signs differences outlined in the request for protection to draw conclusions:-signs/basic signs have been considered to have been revealed in a mandatory minimum information source or not , and-collection/basic signs have been considered to be obvious or not.
b) corresponding to a point in asking for protection, the technical solutions considered innovative level if putting the basic signs of differences on the set of the basic signs of technical solutions is the result of creative activity and is not the results of common knowledge in the technical field.
c) In the case of the following (but not only in that case), corresponding to a point in asking for protection, the technical solution was deemed not qualified creative:-sets the basic signs with obvious differences (any person would have average knowledge in the respective fields also know that to perform the intended function or to achieve the intended purpose necessary to use set of signals and vice versa when using a set of signs that the necessary to achieve the purpose or perform the corresponding function);
-Collection/basic signs differences were revealed as identical or equivalent in a/some technical solutions that already know in mandatory minimum information sources;
-Technical solution is a simple combination of the known technical solutions with the function, purpose and effect is also the simple combination of function, purpose and effect of each technical solution known.
d) In this Point:-two signs are considered identical if the have the same nature;
-Two signs are considered equivalent if there is a similar substance, which has the same purpose and the way of achieving the goal is basically the same.
36. The conclusions on the likelihood of technical solutions; determine the range (volume) of protection If there are reasons for asserting that technical solutions outlined in the Application does not meet at least one of the criteria of protection, the technical solution is not likely to be for protection and intellectual property Bureau deny patentability of inventions, utility solutions. In the opposite case, technical solutions are considered likely to be for protection and intellectual property Bureau accepted the patentability of inventions, utility solutions with scope (volume) protection correlating was determined by asking for protection.
Chapter IV granted, registration, complaint, suspend, cancel the effect the degree of protection 1. Level, level of protection degree, associate a degree of protection 37. Protection degree level 37.1. Within 10 days from the date the applicant filed full and timely payment of fees specified in 29.4 Points, intellectual Bureau conducted the procedure to grant the degree of protection according to the provisions of article 23 and Article 26 of the Decree.
After being granted a degree of protection, if the degree of protection has found flaws then has the right to request the intellectual property Bureau repair the degree of protection. If the errors due to the applicant, the degree of protection to file charges additional amendments. If the errors due to the intellectual property Department, the degree of protection is not filed charges. The amendment comes on not altering the nature, scope, audience (mass).
37.2. Since July the Bureau of intellectual property, the decision to grant the degree of protection, the applicant may not assign menu for others. If a single transfer contract was signed between the applicant with others but not at the Bureau of intellectual property, the contract that should turn into a contract transferring the ownership of the patent/utility solution according to the degree of protection be admitted.
38. The right to request, granted back Vice a degree of protection and protective 38.1 degrees again. The case of the industrial property right owned in common, the joint owners are not the intellectual property Agency awarded the degree of protection according to the provisions in paragraph 3 Article 26 of Decree may apply ask Deputies a degree of protection for the intellectual property Bureau, with the condition to pay Deputies a degree of protection.
38.2. in the following cases, the owners of industry was granted the degree of protection (including the Deputy protectorate texts) can petition to the degree of protection, Vice a diploma for the Bureau of intellectual property, with the condition to pay the fees for the issuing of protection A degree of protection, the Deputy: a) the degree of protection, the Deputy lost protection texts, with the condition to have to explain why;
b) protection degree, associate a degree of protection is damaged (torn, dirty, faded ... to the point that it cannot be used), with the condition to return the degree of protection protection texts, the Deputy had damaged it.
39. The records request, granted back Vice a degree of protection; again the degree of protection required records, reissued the Vice a degree of protection or protection degree level include the following: a) declarations require level, again Vice a protective degree or diploma level (follow the form prescribed in annex of this circular);
b) text explanation why the degree of protection, the Deputy guardian lost texts; or the degree of protection, protection degree-certified copy is corrupted (the case request back to the degree of protection, protection degree-certified copy);
c) the authoritative Paper (cases filed through a representative);
d) certificate from the issuing fee or fees protection Deputies a degree of protection.
40. Profile handling request, granted back Vice a degree of protection, protection of 40.1 degrees again. Intellectual property Bureau to review the records request, granted back Vice a protection degree or degree of protection level again within 1 month from the date of receipt. The case meets the profile specified in point 39 of this circular, the Bureau decision intellectual level, again Vice a protective degree or diploma level decision and noted on the register of protection degrees respectively in the national registry.
40.2. The Vice content protection texts expressing the full information of the respective protection degree. Contents of the level of protection degree, associate a degree of protection to the full expression of information protection degree, associate degree-level protection version first and must be accompanied by the instructions "Deputy" or "A-level".
40.3. In case no records meet specified in point 39 of this circular, the Bureau of intellectual property notice refusing Deputies a notification or refuse to grant the leave protection degree, including stating the reason.
Section 2. The national registry, announced the decision to grant protection degree 41. National registry of inventions, utility solutions
41.1. the national registry (registry) on the patent/utility solutions is the official database, publicity, depicts the full information about the legal status of the industrial property rights has been established by the State for patent/utility solution.
41.2. the patent register, the register of useful solutions includes the items that correspond to each of the degrees of protection, each item includes: a) information about the degree of protection (on the level of the qualification of protection; the object name is protected (volume), the scope of protection, the duration of effect; the name and the address of the server that the degree of protection , author;
b) information about a petition to grant the degree of protection (single number, filing date, priority date of the application, the service organization name industrial property representative (if any));
c) all information about modifying the degree of protection, the status effect the degree of protection (annuity, suspend, cancel the effect; reinstatement); the transfer of ownership, the transfer of the right to use the invention, useful solutions; number, date of issue and people are granted, again Vice a degree of protection or protection degree level again.
41.3. Register by the established intellectual property Bureau and kept as paper, electronic or other media. Any person may also consult the electronic registration (if any) or require the Bureau of intellectual property registration copies (copies the entries in the register). The person requesting the copy right registration copies file charges.
42. Announced the decision to grant the degree of protection of all the degree of protection has been granted must be tụê intellectual Bureau announced in the Official Gazette of industrial property in the second month since the date of the decision. The applicant must pay a fee to publish.
The information published includes information recorded in the respective decision; The summary; one or more photographs or drawings (if any).
Category 3. The complaint related to the procedure of issuing 43 protection. People have the right to complain, object and time limits complaints 43.1. People have the right to appeal provided for in article 27 paragraph 1 of the Decree, within the time limits prescribed in clause 3 article 27 decree had the right to proceed with the grievance procedure the official rejection notice and the decision of the Bureau of intellectual property related to the registration of inventions, utility solutions.
43.2. the first complaint time limits prescribed in clause 3 article 27 of the decree is applied consistent with article 31 of law complaints, accusations is 90 days from the date the complaint was received or know to be informed, the decision of the Bureau of intellectual tụê about refusing to accept Single , the grant or refuse to grant the degree of protection.
44.44.1 complaint records. The common complaint records requirements must meet the requirements of form specified in the score from 5.1 to 5.1). e) this circular. Each record of the complaint referring a decision or the notice complained of. A record of the complaint may also refer more informed decision or if the have the same content and appeal to reason, on the condition that the complainant must submit the prescribed appeal fee for each decision and was informed of the complaint.
44.2. complaint records must include: a) a complaint, follow the form prescribed in annex of this circular;
b) a copy of the notice or decision complained of;
c) a copy of the decision to settle the complaint (for second time);
d) evidence demonstrating reason to complain (if necessary);
DD) the authoritative Paper (cases filed through a representative);
e) certificate from file charges complaints.
44.3. The evidence is documented (evidence) or exhibits (physical evidence) used to demonstrate, clarify reason to complain.
Evidence must meet the following requirements: a) possible evidence is documented in a foreign language must be accompanied by conditions to a Vietnamese translation in the case who has the authority to resolve the complaint required;
b) in the case of evidence is documented by the individual, the organization does not have a seal, or of the foreign organization, personal name subject must be certified or agency of competent authority confirmed the signature;
c) in the case of evidence is the information (publications, video, ...), then customize each case must specify the origin, the time of release, the publication of the above mentioned documents, or specify the origin, the time of publication of the information is shown on the figure on it;
d) evidence must accompany the document describe the characteristics that relate directly to the content of the complaint.
45. The responsibility of the complainant the complainant must ensure honesty in providing evidence and must bear responsibility for the consequences of providing evidence is not honest.
46. Withdraw the complaint record 46.1. At any given time, the complainant may submit written notice the withdrawal complaint records. If the withdrawal of records of complaints made by the Organization of the industrial property agent, the complaint must be rights the complainant stated in an authoritative Paper.
46.2. The record was pulled was regarded as not filed. The complainant was not repaid, and record the complaint was filed.
47. complaint record 47.1. Within 10 days from the receipt of the complaint, the person who has the authority to resolve the complaint must check documents with the required form and notification in writing to the complainant about the complaint records have been accepting or not, which noted the day accepting resumes or stating the reason for not accepting resumes.
47.2. The records of complaints are not accepting in the following cases: a) the complainant has no right to complain;
b) records of complaints filed outside the time limits prescribed;
c) records the complaint does not meet the requirements specified in point 46 of this circular.
48. Parties concerned 48.1. For the record the complaint was accepting, who has the authority to resolve the complaint notice in writing on the contents of the complaint to the person having rights and interests directly related ("related Parties") and a fixed time limit to people that have opinions. The aforesaid period is 2 months from the date of notification.
48.2. the party involved has the right to provide information and evidence to justify his argument.
48.3. If the above mentioned term that no stakeholder comments, the complaints will be resolved on the basis of the opinion of the complainant.
49. the complaint resolution decision based on the arguments and evidence of the complainant and the parties concerned, who have the authority to resolve the complaint must make decisions to resolve the complaint within the time limit for appeal provided for in article 27 paragraph 4 of the Decree.
Before a decision to resolve the complaint, the person who has the authority to resolve the complaint must notify the complainant and the parties concerned about the arguments and the evidence of the other party is used to resolve complaints as well as plan to resolve complaints and fixing a time limit of 2 months from the date of notification to the parties of the opinion.
The time spent to the complainant and provided stakeholders argued, the evidence at the request of the person who has the authority to resolve the complaint be considered time modify, supplement the record and not on the time limit for complaint resolution.
50. The effect of the decision on complaint resolution procedure of industrial property would depend on the results of complaints have also been made on the basis of: a) decided to tackle first, complaints if the complainant did not appeal the second time or not to sue the Administration; or b) decided to tackle the second complaint or a court decision if the complainant to conduct the second complaint or sue.
Item 4. Suspension, cancellation of the effect the degree of protection
51. The right to request cancellation, suspension effect the degree of protection within the validity period of the degree of protection, any person would also have the right to request cancellation, suspension effect the degree of protection according to the provisions of articles 28, 29 the Decree according to the procedures specified in this Section.
52. The records required to suspend/cancel effect 52.1 protection degree. Records request to suspend/cancel the effect the degree of protection to meet the requirements of form specified in the score from 5.1 to 5.1). e) this circular.
52.2. A record may be required to suspend/cancel the validity range of protection if there is the same reason, the condition that the person required to pay the prescribed fee for each degree of protection.
52.3. Profile requirements to suspend/cancel the force protection degree must include: a) the declarations required to suspend/cancel the effect the degree of protection, follow the form prescribed in annex of this circular;
b) evidence (if required);
c) the authoritative Paper (cases filed through a representative);
d) certificate from the fees.
53. The handling of records required to suspend/cancel effect 53.1 protection degree. Records request to suspend/cancel the effect the degree of protection is processed in order to resolve a complaint specified in point 47, 48, 49 and 50 of this circular.
53.2. If you disagree with the results of processing the profile required to suspend/cancel the effect the degree of protection of the intellectual property Bureau tụê, Who asks or/and the parties concerned have the right to appeal the decision or the notice concerned under the procedure defined in Point 47, 48, 49 and 50 of this circular.
53.3. content suspension/cancellation of the validity the degree of protection was published in the Official Gazette of industrial property and are recorded in the national register of patents/utility solution.
53.4. If the requested suspension effect is the degree of protection of intellectual property Bureau, just consider the suspension which affect the rights of third persons or not (or not exist li-gasoline contract related objects are in effect) that do not handle the records according to the procedure prescribed in point 53.1 and 53.2 this circular.
Chapter V the international patent application/54 helpful solutions. The procedure before the intellectual property Bureau tụê The provisions on the filing and conduct other related proceedings before the Department of intellectual tụê referred to in paragraph 2 and 3 article 15 of the decree and point 3 of this circular also applies to the conduct of the procedure before the intellectual property Bureau for International Patent Application , helpful solutions.
55. The agency receiving the Application the Agency has the authority to receive the International Application in Vietnam are intellectual property Bureau.
Intellectual property Bureau is responsible for: a) Accepting Vietnam origin international;
b) fee and transfer the respective fee to the International Bureau and the international review bodies in accordance with the PCT;
c) check the prescribed fee which has been filed on time;
d) test and Single processor origin Vietnam international under the provisions of the Treaty;
DD) determines the required object of protection: If the object of the protection requirements in an national secrets are not carried forward to the following and the corresponding fee will be refunded to the applicant;
e) send a (A records) of single-origin Vietnam international for International Office and one copy (A reference) to the international lookup;
f) send and receive messages from the applicant's and from international agencies.
56. The language of the International Application submitted to the Department of Vietnam origin property tụê must be made in English or in Russian.
57. the international consultation bodies and organs of the international preliminary examination for international Single source, Vietnam international lookup bodies and agencies of the international preliminary examination authority is the Agency of industrial property, Patent or intellectual property of Australia-li-a , Austria, Russia, Sweden, South Korea and the European Patent Office.
58. the International Application designating Vietnam If the international application designating Vietnam then the Bureau of intellectual tụê will be the specified Agency. In this case, to be on the national stage, within 31 months from the priority date the applicant must submit to the Department of intellectual tụê: a) declarations require patentability of inventions, utility solutions follow the form prescribed in annex of this circular;
b) copy of International Application (the case of the applicant required in the national phase before the date of international publication);
b) Vietnamese translation of the International Application: A description, including the description, claims, drawings and caption summary (a published or original filed initially, if the application has not yet been announced, and the revision and the revised joint interpretation, if the PCT have amended under article 19 PCT);
c) A description and summary were modified (the case of the revision stated in point 58. c) this circular);
d) fees and charges.
59. the International Application has chosen Vietnam If in the petition to the international preliminary examination has chosen Vietnam, the Department of intellectual tụê will be the selected Agency. In this case, and if the choice of Vietnam was conducted within 19 months from the priority date, to be on the national stage, within 31 months from the priority date the applicant must submit to the Department of intellectual tụê: a) declarations require patentability of inventions, utility solutions , follow the form prescribed in annex of this circular;
b) Vietnamese translation of the International Application: A description, including the description, claims, drawings and caption summary (a published or original filed initially, if the application has not yet been announced, and the revision and the revised joint interpretation, if the International Application contains amendments under article 19 and/or Article 34.2. b) PCT);
c) A description and summary were modified (the case of the revision stated at Point 59. b) this circular);
d) Vietnamese translation of the annex to the report of international preliminary examination (upon request substantive examination);
DD) fees and charges.
60. Asked to enjoy the privilege to enjoy the right of priority, the applicant must confirm that, in the Declaration, must submit the fee for claiming priority and at the request of the Bureau of intellectual property, to be paid out of the Vietnamese translation of the documents already filed with the International Bureau under rule 17.1 (a) of the regulations to enforce the Treaty.
61. additional amendments in the national phase document consistent with Rule 51bis PCT treaty enforcement regulations, the applicant must submit the paper authorisation rights assignment, the applicant in the international phase (if any) ... within 34 months from the priority date.
Accordance with Article 28 and Article 41 PCT rules 52.1 and (b) and (b) 78.1 enforcement regulation PCT national phase, the applicant may amend, supplement the Single document as specified in Point 31 of this circular. Right at the moment on the national stage, the applicant may also modify, Supplement A description matching specified in point 31 of this circular.
The additional documentation, modified by the applicant filed with the Department of intellectual tụê must be made by Vietnamese.
62. The beginning of the International Application processing times begin the international single handle specified Vietnam or select Vietnam in the national stage from the first day of the second month of 32 since the priority date, if the applicant has no van a Single processing requirements ahead of time.
63. Examination of the International Application the International Application examination of the form and content of the tests according to the prescribed procedure for single (single country).
64. the International Application be treated as withdrawal
In addition to the cases being considered the withdrawal as the provisions of the PCT Treaty and regulations the implementation of the Treaty, in the case of the national fees not be filed with the Department of intellectual tụê or no Vietnamese translation after the expiry of the provisions in points 58, 59 of this circular The International Application, or have select will be treated as withdrawal.
65. The applicant fees originating international Vietnam must pay the fees, fees to the extent and according to the procedure defined in regulation PCT and enforced according to the regulations of the Ministry of finance.
Chapter VI to modify, maintain in force a degree of protection 1. Modify the degree of protection 66. Right to modify the degree of protection the degree of protection the owner have the right to request the intellectual property Bureau noted any change of name, address and qualifications of the change about the degree of protection (shifting ownership due to inheritance, merger, split, convert the legal form of the business establishment or by the decision of the Court...). The beneficiary rights of protection degree Holder also has the right to request recorded changes in degree Holders for protection.
The request noted the change of name and address, a change in degree Holders for protection fees to modify the degree of protection.
67. The petition to modify the degree of protection To be modified the content on here, the degree of protection for the intellectual property Bureau tụê petition to modify the degree of protection, including: a) declarations require modifying the degree of protection, follow the form prescribed in annex of this circular;
b) original degree of protection;
c) documents confirming the change of master diplomas (certificates of inheritance, a certificate of merger, merge, separate legal entities, the decision of the Court...) (the case of request noting the change in Master degree of protection);
d) certificate from the fees to modify the degree of protection;
DD) the authoritative Paper (cases filed through a representative).
68. A request to modify the range of protection A petition to modify the degree of protection may be related to various degrees of protection and can merge with the petition specified in 31.1 points, 31.2 and 31.4 this circular if the have the same content change/repair/modification , on the condition that the person required to pay a fee for each degree of protection and/or the associated single.
69. the processing of the petition to modify the degree of protection of intellectual property Bureau to consider the petition to modify the degree of protection within a period of 12 months from the date of receipt. If found valid, the application of intellectual property Bureau conducted the amendment protection degree, registration and publication of the change on the industrial property Gazette. In the opposite case the Bureau of intellectual tụê notify the applicant intends to reject the amendment, has stated the reason for the fixed term and 2 months from the date of notification to the person requesting the repair of the flaws or comments. If the time limit specified in the requests do not fix the flaws or shortcomings does not meet the requirements and/or have no comments or comments not objections for the intellectual property Bureau, announced formally rejected the request.
Section 2. Annuity protection 70 degree. Annuity fees To be maintained in force the degree of protection of inventions, utility solutions, Diploma Holders have to pay annuity within 6 months before the end of the validity period. Annuity fee can be submitted later than the specified time limit on this, but don't be too 6, calculated from the end of the previous term of validity and the degree of protection must be submitted by 10% for each month late filing fees.
71. Calculation in force each year effect of degree of protection begins on the end of the year the effect before and end on the same day of the same month of the following year. In effect as of the date of the first degree level. Particularly for these degrees of protection granted on the basis of the Charter of the initiative, the invention in 1981, the year the first effect starts from the priority date of the application. In case the effect is not enough in the end of 12 months, the fee is calculated according to the annuity, (in premiums to maintain the validity of the corresponding year multiplied by the ratio of the number of months in the year of the last effect and 12).
72. the Registry maintains in force the Bureau of intellectual tụê noted the annuity to the register and upon request of the degree of protection, the maintenance of effect was noted on the degree of protection.
73. Restoring force protection degree, the legal consequence because the effect is interrupted after a 6 month time limit but not later than 12 months from the date of end of validity that protection degree Holders do not pay as defined in point 70 of this circular, if the degree of protection has not suspended the validity on the basis of the requirements of the third person according to its procedures specified in point 52 and point 53 of this circular effect, the degree of protection may be restored, provided that the protection degree Owners pay to restore and maintain force protection degree. Who would have used the invention, useful solutions in the protection degree stage interruption effect was right to continue to use, but not expand the scope, volume of use.
Chapter VII, refunds and fees; renewal term đoản, 74. Collecting fees When receiving the profile/Application or request proceed any other procedure, the intellectual property Department must check the certificate from the filing fees.
If fees have not been sufficient as a rule, the intellectual property Bureau established the vote report currency, which clearly each account and the level of fees payment and sent to the applicant/profile. With the account is submitted, the filing fees are level 2 contact receipts of fees which clearly each account and the level of fees already paid, which link 1 applicants must submit records/single/single witness from filing fees.
75. The fees, refunds of fees already paid are refunded in whole or in part at the request of the person filing fees in the following cases: a) of fees was filed beyond the prescribed level;
b) specified in the second paragraph of item 2 Article 32 of the Decree.
76. the refund form, 76.1 fees. People who request a refund of fees was selected one of the two method: a) directly at the Bureau of intellectual property or through the central authorities (Bank, post office ...); or b) Transfer of fees refundable to the fees of other procedures. The case of a refund, transfer agency fees, refunds of fees must bear the costs of transferring money. People who request a refund, must file a fee to request a refund of fees, due to the intellectual property Bureau issued, which stated refunds of fees method of choice.
76.2. Cases accepted to request a refund of fees, the intellectual property Bureau established the complete quote, Vote in which clearly the level of refund and the refund method, and send The request. People who get a refund of fees must sign the certificate from the refund of fees due to the intellectual property Bureau.
The case did not accept the request, refund fees for intellectual property Bureau sent notice to the requester, which stated the reason for rejection.
77. The extension of The deadline for the amendments, additional documents as requested by the Bureau of the intellectual and the uncontested opinion, Planning Bureau of intellectual property can be extended once, by the time that the request of the person conducting the procedure concerned, on condition that the person required to submit renewal fee (fee review after the deadline).
78. the term Đoản
The person who conducted the industrial property procedure before the intellectual property Bureau and the competent authority can ask the body that performed the procedure before the deadline stipulated on the condition that the person required to submit review fee ahead of time.
Depending on the particular conditions and capabilities, intellectual property Department and the competent authority may accept or decline the request to make the procedure before the prescribed time limit.
Chapter VIII final provisions 79. The responsibility of the duty on industrial property 79.1. Officers, civil servants or persons working under a contract of intellectual property Bureau and the competent agencies are tasked to implement the procedures specified in this circular (hereinafter the Person on duty on industrial property) is obliged to comply with the legal provisions in relation to the work that I perform.
79.2. The person on duty on industrial property violations of the law shall be punished according to the provisions of Decree No. 97/1998/ND-CP dated November 17, 1998 by the Government on disciplinary and material responsibility for public servants and labor laws.
79.3. The duty of industrial property acts in violation of laws causes damage to others, they must compensate for damages under the provisions of Decree No. 47/CP on 3/5/1997 of the Government on the compensation of damage caused by public servants, employees , the Agency's authority in the proceedings.
80. In addition to the complaint, informed decisions related to the procedure of establishing the authority, the person conducting the procedure on industrial property specified in this circular have the right to appeal or grievance decisions, other notices of intellectual property Bureau and the competent authority under the provisions of the law on complaints , accusations and administrative proceedings.
The sequence and procedures for complaints and complaints provided for in article 27 of the decree and the score 47, 48, 49 and 50 of this circular also applies to complaints the decision, reported above, with appropriate modifications.
81. Regulations regarding form and procedures for conducting the registration of inventions, utility solutions and statute of the order of conducting the registration of inventions, utility solutions in accordance with the provisions of the decree and this circular will be the Ministry of science and technology provisions in a different text.
82. The implementation of this circular replaces the rules of procedure relating to the establishment of the industrial property rights for inventions, utility solutions in circular No. 3055 TT-on ALL MATTER of 31.12.1996/Ministry of science, technology and the environment.
This circular effect after 15 days from the Post Gazette.