SBLAW would like to provide the client the legal procedure to register industrial design in Vietnam as follows:
1. Procedure
Protection criteria:
A industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:
| Being novel | Being of an inventive step | Being susceptible of industrial application | |
| Patent for industrial design | + | + | + |
2.Validity of Patent for Industrial Design:
Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years.
3.Procedure and timeline:
An industrial design application will be examined through the following process:
| Time Frame | Content of examination | |
| Formality examination | 01-02 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents | The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Industrial Design will issue the decision on the legitimate formality of the application. |
| Publication | 02 months from the date of acceptance of application (if no request for early publication) | The application will be published on the Industrial Property Gazette. |
| Substantive examination | 09-12 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) | The protective criteria of the industrial design will be examined. |
| Granting | 01-03 months from the date of Notification to Grant Patent for Industrial Design | – The Applicant pays the registration and publication fees.
– The Industrial Design will be published on Industrial Property Gazette. |
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.
5.Required documents and information:
For us to filing a patent application, the following documents/information should be provided:
- The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required;
- Name and address of:
- Applicant;
- Author(s) of industrial design;
- Title of the industrial design;
- Indication of the kind of products for which the industrial design is to be used;
- Priority document (if any);
- The set of picture of the industrial design under the guideline of SBLAW;
