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Surrender & Cancellation

cancelSURRENDER 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.