SummaryVietnam Design Patent
Definition:
A design must have feature of shape. Configuration, pattern or ornament which appeal to and are solely judged by the eye.
Features of Protection :
- Novelty
- Pattern for industrial or handicraft manufacture
Eligibility:
Applicants not residing or carrying on business in Vietnam, have to nominate a Vietnamese Industrial Design Agent to act on their behalf.
ProceduresVIETNAM DESIGN APPLICATION 1.Searching
This is the first step before an application is made for the registration of a trademark. Although a prior search is optional it helps in determining the existence of previous marks. 2.Application
Every applicant is required to submit an application containing the following information. - Description
- Seven sets of photographs/dawings in the same ratio comprising front, back, top, bottom, left, right and perspective views.
- Power of Attorney
- Deed of Assignment
- Priority Document
3.Examination
A formal examination takes place within 1 month of the filing date. Responses for amendment to the application are made within 2 months from the date of request.
4.Publication
A design patent is published within 2 months of the acceptance date. 5.Substantive Examination
The duration of a substantive examination is 6 months from the date of publication. 6.Registration
The duration to obtain a design patent takes a minimum period of 12 months. The registration is effective from date of application. 7.Protection
A design patent once registered is valid for a term of 5 years and can be renewed only two times after the first term. ChargesIndustrial design application in VIETNAM | Items | Official Fees (USD) | Professional Fees (USD) | 1. Filing Application
- Each additional design - USD 53
| 11
| 310
| 2. Priority Claim
- Each additional claim - USD 65 | 35
| 49
| 3. Publication of Application for first drawing
- Each additional drawing/photograph USD 9 | 7
| 112
| | 4. Design search for Examination Purpose | 7
| 22
| 5. Substantive Examination
- Each additional design - USD 36 | 18
| 196
| 6. Acceptance
- Each additional drawing - USD 9 | 7
| 115
| 7. Issuance of Certificate of Grant
- Each additional design - USD 12
| 7
| 194
| TOTAL
| 92 | 998
|
Translation from English to Vietnamese per 100 words - USD 13* Multiple application is available. Documents Required For Filing INDUSTRIAL DESIGN APPLICATIONBasic requirements | Documents | Legalization/ Notarization | Time of Filing | 1. Six (6) sets of representations must be drawings or photographs and shall be a size of not more than 160mm X 160mm.
| No | On filing date | | 2. Power of Attorney | No | Within 1 month from filing date
| | 3. Deed of Assignment | No | Within 1 month from filing date | | 4. Priority Document (if claiming priority) | No | Within 1 month from filing date |
|
