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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
GENERAL INFORMATION
Defination and conditions for protection of an Industrial Design
- Industrial design is defined as the shape of a product that is formed by lines, three-dimensional forms and colors, or a combination thereof, and that must be of worldwide novelty and serve as a pattern for manufacture of industrial or handicraft products.
- An industrial design shall be eligible for protection if it meets the following conditions: i) to be new; ii) to be creative and; iii) to be susceptible of industrial application.
Subject matters not protected as Industrial Designs
- Appearance of a product that is dictated by its technical features of the product;
- Appearance of a civil or an industrial construction work;
- Appearance of a product that is invisible during use of the product.
Filing principle
- The "first to file" principle is applied for design applications in Vietnam.
- If several design applications are filed by several applicants for the same design, on the same date or claim the same priority date, then all applicants shall be required to merge the applications into one application and only one patent for design will be granted to all the applicants as co-owners if they so agree. Otherwise, no patent will be granted.
Priority
- Priority under the Paris Convention is applied in Vietnam, based on an earlier application for the same subject matter filed in a foreign PC member country, or display of the same subject matter in an officially recognized international exhibition held in Vietnam or a foreign PC member country.
- Priority under a bilateral agreement or the principle of reciprocity as to priority can also be applied.
Application and filing
- Design applications must satisfy the unity requirement. Specifically, for industrial designs, this requirement will be satisfied if the application claims one design or a number of designs of different products in the following cases:
i) Industrial designs of a set of products which contains several products expressing a single common inventive idea and that are used together or for a single purpose;
ii) An industrial design accompanied by one or more other embodiments which is variant of the industrial design that express a single common inventive idea and that are not significantly different from the industrial design.
- Design applications will be filed with the National Office of Intellectual Property (NOIP) of Vietnam. Upon filing, the Receipt of Application will be issued in which the filing date and filing number are clearly determined.
- Design applications of Vietnamese citizens or entities can directly be filed with the NOIP. Design applications of foreign citizens permanently residing in Vietnam or foreign entities having legal presence in Vietnam or real and effective production and business establishments in the country may also be filed directly with the NOIP. Other than these specified cases, all applications of foreign applicants must be submitted through a licensed local IP agency like Tri Viet & Associates.
Protection term and renewal
- The patent for industrial design shall last 5 years from the filing date and can be renewed for two further terms, each of 5 years, subject to payment of renewal fee.
- Patents for design shall be effective from the granting date.
- For patent for industrial design, the renewal fee must be paid within 6 months prior to the expiry of the earlier validity term. A six-month grace period is also available subject to the penalty of 10 percent of the renewal fee for each month late.
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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