SURRENDER OF PATENTS
A patent may be surrendered according to the Vietnamese patent law under the following circumstances:
- The patent owner stops paying annual fees;
- The patent owner submits a written declaration of abandonment to the NOIP; and
- The owner of patent no longer exists and no lawful successor is found.
Surrender of patents will be recorded and published in the Industrial Property Gazette, Volume B of the NOIP.
CANCELLATION OF PATENTS
During the term of a patent, the patent, or claim or part of a claim may be canceled upon request by any interested person. The person requesting the cancellation have to prove that:
- The right to the patent does not belong to the person to whom the patent was granted; or
- Any of patentability requirements were not fulfilled at the time when the patent was granted.
Any canceled patent, or claim or part of a claim 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.