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Design Protection in Vietnam  I  Design Protection in Laos


DESIGN PROTECTION IN VIETNAM


General Information  I  Design Procedures  I  Filing Requirements
Design Flow  I  Design Team  I  Design Search


DESIGN PROCEDURES

Formality Examination

  • All design applications shall be subject to formality examination at NOIP.
  • The formality examination will be conducted by the NOIP within 1 months from the filing date. 
  • During the formality examination stage, amendments or supplements to the filed application can be made, provided that they must not expand the scope (volume) of protection or change the nature of the design.
  • If the formality requirements are met, a Notification of Acceptance with respect to formality requirements will be issued to the applicant, in which official filing date, official filing number, and priority date are clearly determined and certified. To the contrary, the NOIP will reject the application with a Notification of Refusal of Acceptance or, where appropriate, notify and request the applicant to rectify the deficiencies.

Publication and Substantive Examination

  • Design applications which have been accepted as to formality will be published in Official IP Gazette, Volume A in the second month from the signing date of Notification of Acceptance of legitimate application, except for cases where a request for early publication is filed. In case of request for early publication, the application shall be published within one month from receipt of the request or at a later date as specified in the request.
  • Design applications which have been accepted as to form shall be examined as to substance within 6 (six) months counted from the date of publication of application, without subject to request for substantive examination.
  • During the substantive examination stage, amendments or additions can be made to the filed application, provided that they must not change the nature of the design, or extend the scope (volume) of protection.

Grant of Patent

  • Upon expiry of the substantive examination period, if the design is considered as fails to satisfy the protection criteria for granting of patent, the NOIP will issue a Notification of Examination Result of Application to the applicant notifying its intended refusal with reasons therefore or deficiencies which need to be corrected. The applicant must respond to the NOIP within 2 months, and if the applicant fails to respond or the response is unsatisfactory, the NOIP will officially reject the application with a Notification of Refusal of Granting Patent.
  • If the design is determined to satisfy the protection criteria for granting a patent, the NOIP will issue a Notice to invite the applicant to pay the prescribed fees for granting, register and publication. Upon payment of the fees, the NOIP will grant a Patent for the industrial design.
  • Granted patent for design will be published in the IP Gazette, Volume B and enter into the National Register of Industrial Property.

For more information concerning industrial design protection in Vietnam, please click to the desired section in the above menu, or contact us.

 
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