Cancel to Effect of Industrial Property Patent

With a team of experience lawyer and legal specialist, Dragon Law firm more and more supports Client successfully to the request for cancelling the effect of patent.

Patent is cancelled the effect in following situations:

The patent is cancelled all effect in cases:

- The applicant don’t have the right to register and assign the right to register patent, industrial design, layout design, trademark;

- Industrial property objects do not meet conditions to protect in granting patent time.

The patent is cancelled a part of effect in case that part does not meet the condition for protection.

Limitation to request for canceling the effect:

The limitation to request for cancelling the effect of patent is during the time of protection;  the limitation for trademark is five years from the date of granting patent, unless the patent as granted because of the faithless of applicant.

Handle the application:

- In case the owner of patent requests for canceling the effect of patent;

- The National Office of Intellectual Property will check and give conclusion about the valid of application;

- Check the effect of patent requested for cancellation;

- Decide to cancel the effect of patent upon the  request of applicant;

- In case a third party carry out canceling the effect of patent;

- The National Office of Intellectual Property checks the evidence, the reason for request of cancellation;

- The National Office of Intellectual Property makes a written declaration about the ideal of third - party and give to the owner of patent so that he has the idea. The National Office of Intellectual Property can hold a meeting so that the third - party and the owner of patent can directly exchange the idea;

- The National Office of Intellectual Property decides to cancel a part or all the effect of patent base on the idea of parties.

- The National Office of Intellectual Property makes a written declaration of refusing patent cancellation if without enough evidenced;

Dossier for canceling the effect of patent:

-  A written declaration for cancelling the effect of patent;

- The evidence revolving to the request of cancellation;

- An authorized letter (following the form of Dragon Law firm)

- The receipt of fee and charge;

Handling time:

The handling time for acceptance of application: ten days.

Result:

The decision on canceling the effect of patent.

Dragon Law Firm with lawyers and legal specialists specializing in patent registration and cancel will support Clients with best legal services. Please feel free to contact us at:

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Dragon Law Firm - Hotline: 1900.599.979

Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn

Email: dragonlawfirm@gmail.com

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