Extension of industrial design exclusive rights

Extension of industrial design exclusive rights

According to current legislation, an industrial design certificate has a validity of five years (from the date of valid application). When the validity of this certificate expires, the owner must follow the procedure to extend its validity in order to continue being the owner of the industrial design certificate. So, what are the procedures for the extension of industrial design exclusive rights?

Validity of industrial design certificates

According to Vietnamese law, each industrial design certificate has a validity period of 5 years from the date of issuance and can be extended twice consecutively, each time for 5 years. Therefore, the maximum validity of an industrial design certificate is 15 years from the date of application submission.

The extension of industrial design exclusive rights is a procedure that requests the state authority to continue protecting the registered industrial design. This extension is done by submitting the required documents to the Intellectual Property Office according to the prescribed procedure.

Extension of industrial design exclusive rights

Timeframe for submitting applications for extending industrial design exclusive rights The extension of industrial design exclusive rights can be done within two timeframes:

  • 6 months before the expiration of the protection period.
  • 6 months after the expiration of the protection period (in this case, an additional late fee of 10% per month is required).

Document requirements

The application for extending the validity of industrial design exclusive rights should include the following documents:

  • Application form for extending the validity of the industrial design certificate (Form 02-GH/DTVB Appendix C Circular 16/2016/TT-BKHCN).
  • Original industrial design certificate (if the request is to record the extension on the certificate).
  • Power of attorney (if the application is submitted through a representative).
  • Copy of the fee payment receipt (if the fees are paid through postal services or directly to the Intellectual Property Office’s account).

Procedure for extending Industrial Design exclusive rights

Step 1: Submit the application for extending the validity of the industrial design certificate. The owner of the certificate can submit the application directly or send it via postal services to the Intellectual Property Office.

Step 2: Processing the application for extending industrial design exclusive rights The Intellectual Property Office will consider the application within 1 month from the date of receipt. Results:

  • For valid applications: The Intellectual Property Office will issue a decision to extend the validity, record the extension in the certificate (if requested), and publish the decision in the Industrial Property Gazette within 2 months from the date of the decision.
  • For invalid applications: The Intellectual Property Office will notify the applicant of the decision to refuse the extension, stating the reasons and giving a period of 2 months (from the date of notification) for the applicant to rectify the deficiencies.

Above the article: “Extension of industrial design exclusive rights” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Some frequently asked questions

What is the purpose of industrial design?

The purpose of industrial design is to create products that are aesthetically pleasing, and functional, and provide a good user experience. It aims to optimize the performance, durability, utility, and attractiveness of the product. By analyzing the needs and desires of customers, industrial design offers creative and unique solutions to create the best possible product in a competitive environment.

Where can an industrial design renewal application be submitted?

In Hanoi: 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi.
In Da Nang: 3rd floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang.
In Ho Chi Minh City: 7th floor, Ha Phan Building, 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.

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