Frequent Asked Questions related to Industrial Design

Uncategorized FAQ

  • Under Vietnam laws, “an industrial design is the external appearance of a product, which is manifested by means of contours, three-dimensional form or color, or a combination of these elements,and which is of a new character in the world and used as prototype for manufacturing handicrafts and industrial products”.

  • Yes. Although not yet a contracting party of Locarno Union, Vietnam does adopt the International Classification of industrial designs.

  • Yes. Following cannot be registered.

    • External appearance of a product which is easily created by a person of average professional knowledge in the relevant field;
    • External appearance which results naturally from the technical specifications of products or which only bears technical specifications;
    •  External appearance of civil or industrial construction work;
    • Appearance of a product which cannot be seen whilst in use;
    • Appearance of a product which only has an aesthetic use.
  • For filing a design application in Vietnam, the following information and documentation are required:

    1. 5 sets of photos/drawings of front, back, top, bottom, left, right and perspective views of the design;
    2. Description of the design;
    3. A Power of Attorney;
    4. Full name, address and nationality of the Inventor(s) and Applicant(s);
    5. A certified true copy of the basis application if claiming convention priority.

    More detail can be found here.

  • Yes. A the applicant can claim priority the basis of the Paris Convention provided that the Vietnamese application is filed within 6 months from the filing date of 1st application.

  • An industrial design lose its novelty when:

    • it appears in a publication distributed in home country and elsewhere in the world;
    • it is publicly known in home country and elsewhere in the world;
    • it is used, registered or published in home country and elsewhere in the world.
  • No. Separate application is required for each design. However, one application may cover similar designs of the same product.

  • Yes. Industrial design applications are first examined as to formality within one month. If the application meets all the filing requirements, it will proceed to the substantive examination process.

  • Yes. Publication is first made after the application passed the formal examination and the 2nd time after a patent is granted.

  • Yes. An opposition can be filed at any time during the pendency of the application or within 5 years after granted.

  • It usually takes about 9 to 15 months from the filing date.

  • The term a design patent is 5 years from the accepted filing date and can be extended twice for 5 years each.

  • The right of a design patent extends to the same and/or similar design of the same article.

  • Yes. Invalidation or cancellation action can be lodged before the IP Vietnam by any party. Reasons for invalidation or cancellation are:

    • Lack of novelty;
    • The owner of the registration has no right to apply for registration of the design;
    • The owner of the registration fails to pay post registration maintenance fees.
  • The acts which constitute an infringement of a registered industrial design are: manufacturing, sale, transportation, importation, and exportation, advertisement for sale of products showing the design which is identical with and/or similar to the registered design.