1. Definition

Amending a patent is a legal procedure to update information that has changed compared to the details recorded in the protection title, without altering the nature of the invention.

 
2. Cases Requiring Amendment

• Change of information: Name or address of the patent holder; name or nationality of the inventor.
• Change of ownership: Transfer of ownership rights by inheritance, succession, merger, division, separation, consolidation, joint venture, association, establishment of a new legal entity by the same owner, conversion of business form, or pursuant to a court decision or other competent authority’s decision.
• Corrections: Typographical errors, technical errors, or formatting errors in the protection title.

3. Required Documents

• Original Patent.
• Documents evidencing the change: Original or certified copy of the decision on name/address change; new Enterprise Registration Certificate; legal documents proving the transfer or change of ownership; and other relevant documents.
• Power of Attorney: As per the attached form.

4. Procedure

1. Submit the application to the National Office of Intellectual Property (NOIP).

2. Formality Examination: NOIP examines the validity of the application.

3. Amendment Decision:

o If valid: NOIP records the amendment in the protection title, updates the Patent Register, and publishes it in the Industrial Property Official Gazette.

o If invalid: NOIP issues a notice of intended refusal, setting a time limit of 1 month for the applicant to make corrections or raise objections.

 
5. Important Notes

•  It is advisable to carry out the amendment procedure immediately after any change to ensure the legal validity of the protection title.
• The amendment procedure can be combined with the renewal procedure in the same application if the patent is due for renewal.
• When changing the name or address for multiple patents at the same time, a single application can be filed for all such patents to save time and costs.

Contact: Please contact Á Đông for timely and efficient trademark renewal services.

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: a-dong.com.vn