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Designs-Surrender and Cancellation

SURRENDERcancel

A patent for industrial design may be surrendered in line with the Vietnamese industrial design law under the following circumstances:

  • The industrial design holder submits a written declaration of abandonment to the NOIP;
  • The term has not been extended;
  • The industrial design holder no longer existed, and no lawful successor is found.

Surrender of industrial designs will be recorded and published in the Industrial Property Gazette, Volume B of the NOIP.

CANCELLATION

During the term of a patent for industrial design, the patent may be canceled upon request by any interested person. The person requesting the cancellation must prove that:

  • The right to the patent does not belong to the person to whom the patent for industrial design was granted; or
  • Any of protection criteria of the design were not fulfilled at the time when the patent for industrial design was granted.

Any canceled patent is considered as null and void from the granting date. The information on cancellation will be published in the Industrial Property Gazette, Volume B of the NOIP.