What is patent assignment?

ELITE: Transfer of ownership of a patent means the owner of a patent transfers ownership rights of his or her invention to another organization or individual.

What are the required documents for recording/registration of a patent assignment Agreement at the VNIPO?

ELITE: The registration/recording a patent assignment Agreement  at the VNIPO requires the following documents:

1. Application for registration/recording of the patent ownership transfer Agreement/Contract (under a required Form);
2. 02 original or certified copies of the signed Agreement/Contract; If the contract is made in a language other than Vietnamese, it must be accompanied by a ceretified translation of the Contract into Vietnamese; If the Contract has many pages, each page must have the parties’ signatures or seals;
3. Original patent if the patent is issued in paper form;
4. A written agreement document of the co-owners of the patent on the transfer of ownership of the invention, if the respective patent ownership is jointly owned;
5. Authorization document/Power of Attorney (in case the request is submitted through an IP Representative/Agent);
6. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the VNIPO’s account).

How long does it take to complete the procedure of registration of a patent assignment Agreement?

ELITE: According to patent regulations, it takes 02 months to complete the registration procedure of a patent assignment Agreement from the date of submitting full documents.

According to patent regulations, it takes 02 months to complete the registration procedure of a patent assignment Agreement from the date of submitting full documents.

What should you keep in mind when signing a Patent Assignment Agreement?

ELITE: In principle, when signing a Patent Assignment Agreement/Contract, you need to note the following main points:

1. The owner of a patent may only assign his or her patent within the term and scope of protection;
2. The Agreement/Contract on assignment of ownership rights to a Patent/Patents must be expressed in written form and must be registered at the VNIPO to be legally effective to the Tax authority, IP enforcement authorities of Vietnam and other third parties.
3. An Assignment Agreement may provide for the assignment of one or more than one patent.

How much does it cost to record/register a patent assignment Agreement at the VNIPO?

ELITE: We note that fees for carrying out this procedure include:

1. Government fees (including: fee for reviewing dossier, search fee, registration fee, publication fee): 1,070,000 VND
2. Service fee: Please contact us immediately to enjoy the most preferential service fee.

With a team of deep expertise and more than 20 years of experience in the field of intellectual property protection based on our six Core Values, including: Integrity, Empathy, Responsibility, Carefulness, Determination and Learn, We (ELITE Law Firm) are committed to accompanying you and will support you in carrying out this procedure successfully, quickly and economically. Contact us now!

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