REGISTRATION OF INDUSTRIAL DESIGNS IN VIETNAM
APPLICANT: Creator or his assignee; assignee may be individual(s) or a corporation. Two or more parties may apply jointly.
NOVELTY: Universal novelty.
SCOPE: The protection relates only to the visual appearance of the article.
5 years from filing date and renewable for two further consecutive periods of five years, subject to payment of renewal fees.
It takes one (01) months from the filing date of the application for examination as to form and nine (09) months from the date of publication of the application for examination as to substance. However, in practice, it can takes about one year from filing to grant design patent.
In the second month of the date of acceptance of the application as to form, drawings and/or photographs of the design shall be published in the IP Bulletin.
1. Power of Attorney, signed by an authorized person of applicant, whose name and title should be stated. The Power of Attorney can be filed by fax at the filing date, provided that the original one is submitted within 02 months from the filing date.
2. One set of drawings or photographs for every embodiment of the design comprising the following views: perspective, top, bottom, front, back, right, left (07 phtos/drawings). Size of the photographs or drawings shall not be less than 9cm x 12 cm and not more than 21cm x 29 cm.
3. Name and address of Applicant and Designer.
4. If a design bears a sign that is inherently registrable as a trademark, the applicant shall provide with the documents, (e.g. copy of Trademark Registration Certificate granted by the Vietnamese Patent Office or Trademark License Contract that has been registered with the Vietnamese Patent Office), stating that the trademark placed on the design belongs to the applicant.
5. Indication of Locarno Classification of the design.
6. Certified copy of the first filed application where priority is claimed.
- General Power of Attorney (the Title of design is not indicated in the General Power of Attorney) is acceptable for filing various designs in the name of an applicant.
- Notarization of the Power of Attorney is not required.
- A design application can cover a subject design and its embodiments.