1. Object of Protection:
An industrial design is the external appearance of a product represented by lines, forms and colors or the combination of these elements, which has world-wide novelty and may be served as a pattern for manufacturing handicrafts and industrial products.
2. Term of Protection:
The term of patent for industrial design is 5 years from the filing date with the possibility to be renewed for further two (2) five-year periods.
3. Examination Procedures:
According to Vietnam Industrial Design Law, industrial design applications shall have to undergo two examinations, the first is formality and the second is substantive one.
- Formality examination
The formality examination of industrial design will be conducted within one (1) month from the filing date.
All patent applications for industrial design, which have been officially accepted by the NOIP, shall be published in the Industrial Property Gazette within the second month from the date of the Notification of Acceptance as to Form.
- Substantive examination
The substantive examination is conducted to determine the patentability of the claimed industrial design and will last nine (9) months from the date of signature of the notification of acceptance as to form.
4. Required Information and Documents for Registration:
- Name and address of the applicant;
- Name and address of the creator;
- International Classification of industrial design;
- Convention priority data (Application No., Filing date; Country), if any.
To file an Industrial Design application, the following documents are required:
- A simply signed of Attorney;
- A set of photographs or drawings of the Industrial Design which comprise perspective, front, top, bottom, left, right and back views;
- A Specification/Description of the Industrial Design;
- A Certified copy of the document for claiming the priority right under the Paris Convention, if any;
- A Document proving the ownership right to trademark if the claimed Industrial Design contains the trademark.