Intellectual Property Law 50/2005; Ordinance No. 44/2002/PL-BUTVQH10; Decree No. 103/2006/ND-CP; Decree No. 105/2006/ND-CP; Decree No. 106/2006/ND-CP; Circular No. 01/2007/TT-BKHCN.
Industrial design is appearance of a product expressed in shapes, lines, colors or any combination thereof.
An industrial design shall be eligible for protection if it is
- creative and
- industrial applicable
4. Rule of Priority:
To enjoy priority right under Paris Convention, the Vietnamese industrial design application must be filed within 6 months from the earliest priority date.
5. Duration and Renewal:
Under Vietnamese IP law and regulations, patent for industrial design is valid for five years from filing date, renewable twice, each for five years. Payment of renewal fee should be paid within 6 months before the anniversary of the filing date.
Every design application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP).
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.
A design patent is published within 2 months of the acceptance date.
4. Substantive Examination
The duration of a substantive examination is 6 months from the date of publication.
duration for obtaining Patent for Industrial Design from filing application to granting may vary from 9-11 months. The registration is effective from date of application.
The following information and/or documents are required to file an application for an industrial design application in Vietnam:-
1. Application form:
a) Full name, address and nationality of the applicant;
b) Full name, address and nationality of the inventor(s);
c) Specification comprises a description of industrial design and claims for protection;
d) Under Vietnam IP law and regulations, documents justifying the right to file industrial design application, such as Assignment Deed, Employment Agreement, or Inheritance document, is required However, in practice, such document is not requested to be submitted to the NOIP if the applicant of the Vietnamese application is a company and not different from the applicant of priority application.
2. Power of Attorney.
3. Six sets of representation of the design (drawings or photographs).
4. Priority documents and certified English translation of the priority document.