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Industrial Design | Vietnam

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Industrial Design

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
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.

2. Definition:
Industrial design is appearance of a product expressed in shapes, lines, colors or any combination thereof.

3. Criteria:
An industrial design shall be eligible for protection if it is

  • new
  • 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.

1. Application
Every design application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP).

2. 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.

3. Publication
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.

5. Registration
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.

Items Official Fees (USD) Professional Fees (USD)
1. Filing Application 10.3 410
2. Priority Claim 34.4 50
3. Publication of Application for first drawing
- Additional fee for 6 further drawings/photographs
4. Search & Substantive Examination 25.9 65
5. Classification - 39
6. Publication & Recordal of Decision on Grant
- Additional fee for 6 further drawings/photographs
7. Issuance of Certificate of Grant 6.9 80

Translation from English to Vietnamese per 100 words - USD 13
** Multiple application is available.

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney signed, no legalization/notarization requirement, to be translated to English (if applicable) Within one (1) month from the filing date.
Photographs/drawings illustrating the front, rear, left, right, top, bottom and perspective views Fax copies of photographs/drawings are acceptable at filing, provided that the originals are submitted within one (1) month from the filing date
Description of Design and claims for protection. to be translated to English (if applicable) On filing date

Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Documents Remarks Time of Filing
Priority document Certified, to be translated to English language (if applicable). priority data are acceptable at filing, provided that the certified copy of the priority document is submitted within 3 months from the filing date.

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