Summary of the procedures for licensing the invention:

a. Procedure

- Receiving dossiers:

+ For dossiers related to the fields of national security, health, social security and essential needs of the society: Request dossiers shall be sent to the ministries and the ministerial-level agencies managing the domains concerned.

+ Dossiers related to other fields: Dossiers of request may be submitted directly or by post to the National Office of Intellectual Property in Hanoi or two representative offices of the Department in Ho Chi Minh City and Da Nang City.

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- Appraising the dossier:

In cases where the dossiers are invalid (requests for issuance of decisions on licensing of inventions without reasonable grounds):

+ The Minister of Science and Technology / Minister or the Head of the ministerial-level agency shall issue a written notice of intention to refuse (clearly stating the reasons therefor) so that the dossier submitters give their opinions;

+ If the applicant does not give his/her opinion or gives an unjustified opinion, the Minister of Science and Technology/Minister or the Head of the ministerial-level agency shall issue a notice refusing to compulsorily transfer the right to use the invention;

In case of valid dossier:

+ Require compulsory licensing of patents related to defense and security, health and wellbeing and essential needs of the society:

- Ministries or ministerial-level agencies shall send dossiers of comments to the Ministry of Science and Technology (through the National Office of Intellectual Property);

- National Office of Intellectual Property gives opinions;

- The ministry or ministerial-level agency shall send its feedback on the opinions of the National Office of Intellectual Property (if disagreeing);

- The minister or the head of the ministerial-level agency shall issue a decision to accept or not to accept the compulsory licensing of the invention.

+ Require compulsory licensing of patents related to other cases:

- The National Office of Intellectual Property issues a notice requesting the transfer of the right to use the invention under the compulsory decision to the holder of the exclusive right of invention and requests that such person give its written opinion.

- Request the renegotiation party to sign the transfer contract (if necessary);

- If the involved parties fail to reach an agreement, the Minister of Science and Technology shall issue a decision on compulsory licensing of the invention.

- To record the decision in the National Register of Industrial Property Transfer and publish it in the Industrial Property Gazette.

b. How to perform:

- Directly at the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh City and Da Nang.

- By post.

c. Composition, number of records:

- The composition of the file, including:

+ Declaration (02 sheets as form);

+ Documents evidencing the request for issuance of a decision on compulsory licensing of an invention are well grounded according to the provisions of law;

+ Power of attorney (if submitting the dossier through a representative);

+ Voucher of fees and charges.

- Number of file: 01 (set).

d. Processing time: 02 months from the date of receiving the dossier.

e. Objects of implementing administrative procedures: Individuals, organizations.

e. Agency implementing administrative procedures: National Office of Intellectual Property.

g. Results of implementation of administrative procedures: Decision on compulsory licensing of the invention.

h. Fees:

- Fee for filing a request for issuance of a decision on the compulsory licensing of an invention (each subject): 500,000 VND.

Charge for evaluation of dossiers of request for compulsory licensing of invention (each subject): VND 1,000,000.

- Fee for issuance of compulsory license: VND 300,000.

i. Name of form, form of declaration: Declaration of compulsory licensing of invention (attached form).