Frequently Asked Questions about Industrial Design in Vietnam

What is an industrial design under Vietnam IP Law?

An industrial design is the outer appearance of a product represented by lines, form and colors, or the combinations of such elements, which has new characteristics to the world and may serve as a pattern for the manufacture of industrial products or handicrafts.

What are criteria for an industrial design to be protected?

To be protected, an industrial design must be worldwide novel and served as a pattern for manufacture of industrial or handicraft products. In addition, industrial designs are required to possess some kind of creativeness because the current rules exclude from patentability those designs easily created by a person with ordinary skill in the art.

Are ornamental or other non-functional features and/or functional features of a design protectable?

External appearance of an article that is an embodiment of ornamental or other non-functional features is patentable under Vietnam IP law. External appearance of an article that is determined merely by its technical function is excluded from protection as an industrial design. The design incorporating both functional and non-functional features may be protected as whole or only non-functional features.

What subject matters are excluded from protection?

The following subjects that shall not be protected as an industrial design:

• - External appearance of an article that can be easily made by a person of intermediate skills in a corresponding field;
• - External appearance of an article that is determined merely by its technical function;
• - External appearance of civil or industrial construction facilities;
• - External appearance of an article that is not visible in the course of usage;
• - Design of an article having only artistic value.

What is the time frame of industrial design registration?

Applications for industrial design registration will be examined by NOIP as to its formality and substance in the following stages:

On average, the time frame for obtaining a design patent in smooth cases is estimated to be approx. 12 months from the filing date. 

What information is needed for filing an application?

- Full name, address, and nationality of applicant(s) and inventor(s);

- Priority data including number of priority application(s), filing date, country of priority.

Why is it important for filing the application for registration of design at the earliest possible?

First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.

What is the duration of the registration of a design? Can it be extended?

The duration of the registration of a design is 05 years counting from the filing date and can be renewed twice, each time for five years.

Is it possible to oppose the design application?

Opposition may be lodged with the NOIP by any third party during substantive examination with respect to published design applications. Opposition will be considered by the NOIP at the same time as examination of the applications.

What is the ground for cancellation/invalidation of design patents?

Any third party can file a request with the NOIP to cancel a design patent in whole or in part, based on the following reasons:

- The patentee was not entitled to apply for the patent, nor assigned the right to file the application for the patent from the entitled person;

- The right to apply for the design patent belongs to a number of natural or legal persons one of whom has not agreed to the filing; or

- The design which has been granted the patent has not met the protection criteria at the time of granting the patent

In case of cancellation, the rights conferred by the patent shall be considered as not having been established.

Is it mandatory to make the article by industrial process or means, before making an application for registration of industrial design?

No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or intended to be applied by industrial process or means. It is not mandatory to produce the article first and then make an application.

For further information, please contact us via email: hanoi@pham.com.vn 

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