The procedure for amending a patent application

The procedure for amending a patent application

Not every patent application is accepted by the Intellectual Property Office. Therefore, the applicant needs to go through the procedure to amend the patent application. So what is the procedure for amending a patent application in 2023?

How to amend a patent application

Amending a patent application is a procedure carried out when the applicant changes the name or address, or both the name and address, during the examination process, making it different from the corresponding information on the patent application already submitted to the Intellectual Property Office. Therefore, to carry out the amendment of a patent application, the applicant or representative (in the case of submission through an industrial property representative organization such as GreenIP) needs to prepare a set of documents for amending the patent application to submit to the Intellectual Property Office. The amendment application dossier includes:

  • 02 request forms for amending the patent application (form: 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN)
  • Legal documents proving the amendment: These documents can be an amended description, an amended summary of the corresponding invention/utility solution; a detailed description of the amendment compared to the originally submitted documents; a business registration certificate, etc.
  • Power of attorney (if required to submit the amendment request through an IP service representative organization as GreenIP )
  • Fee and charges receipts.

Procedure for amending a patent application

After the amendment application dossier is submitted to the Intellectual Property Office, the processing of the amendment application dossier follows the following sequence:

Step 1: Receiving the amendment application dossier. The amendment application dossier will be received and stamped by an Intellectual Property Office specialist when the dossier is found to be complete with the necessary documents according to the law.

Step 2: Processing the dossier. After receiving the amendment application dossier, the Intellectual Property Office will consider the content of the requested amendment to the patent application. If the application has no deficiencies, the Intellectual Property Office will issue a notice acknowledging the amendment and publish it in the Industrial Property Gazette.
If the application has deficiencies or is invalid, the Intellectual Property Office will issue a notice of the intention to reject the amendment and specify the reason. In such cases, the applicant can rectify the deficiencies according to the notice from the Intellectual Property Office within a certain period of time. If the rectification does not meet the requirements, there is no objection or the objection is unjustified, the Intellectual Property Office will issue a notice rejecting the request to amend the patent application.
Step 3: The Intellectual Property Office issues a notice of acknowledging or rejecting the amendment to the patent application.

Above the article: “The procedure for amending a patent application” 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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