Design registration for company

1127

Question:  I would like to register some furniture designs in Vietnam.

Please an example of the paper work of my designs (4 pages with technical drawing). Could you advise the cost per designs and time scale to register such designs in Vietnam?
Thank you
Answer:  Regarding your enquiry concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the industrial design registration proceeding in Vietnam as follows:
1. Procedure

 

a. Protection criteria:  An industrial design shall be eligible for protection in the form of the grant of a Patent forIndustrial design when it satisfies the following conditions:

Being new

Being creative

Being susceptible of industrial application

Industrial Design

P

P

P

 

b. Validity of Patent for Industrial design:

Patent for Industrial design shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.

 

c. Procedure and timeline:

The duration for an industrial design application from mature to proceed to registration is around 12-16 months from the filing date. An industrial design application in Vietnam shall be passed through the following stages:

Time Frame

Content of examination

Formality examination 1-2 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents Examination of formality of the industrial design application
Publication 02 months from the date of acceptance of application Publishing application in IP Gazette
Substantive examination 9-12 months from the publication date Examination of criteria of protection of the industrial design application

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner

d. Required documents and information:

For us to filing an industrial design application, the following documents/information should be provided:

– An original Power of Attorney which is simply signed by the Applicant (our form in attachment) (Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date;

– Name and address:

+ Applicant

+ author(s) of the industrial design

– Photographs/drawings of the industrial design (preferably in soft file).

2. Fee schedule

The basic fees are calculated based on the number of variation and Photographs/drawings of the industrial design. Fee for filing an industrial design application with 01 variation and maximum 07 photographs/drawings, in the smooth case, is US$400.00 (Four hundred US Dollars)

Note:  All above fees are exclusive of: Appeal fee to Office action (if any), Value Added Tax (VAT) : 5% of our agency fee, claiming priority, and actual communication fee.

We hope the above is of your assistance. Should you have any further inquiries, please do not hesitate to contact us.