Eligibility: Any individual or entity can apply for an industrial design in Vietnam. Foreign applicants must file through a local agent.
Required Documents:
- Applicant Information: Full name, address, and nationality.
- Set of Drawings or Photographs: Clearly showing the design from multiple angles.
- Brief Description of the Design: Highlighting its distinctive features.
- Power of Attorney (POA): A simply signed POA if filed through an agent.
- Priority Document (if applicable): A certified copy if claiming priority under the Paris Convention.
Language Requirement: All documents must be submitted in Vietnamese. Foreign documents require Vietnamese translations.
– The Intellectual Property Office of Vietnam (IP Vietnam) examines the application for compliance with formal requirements.
– Timeline: Typically completed within one to two months from the filing date.
– Timing: The application is published in the Industrial Property Gazette within two months from formality acceptance.
– Third-Party Opposition: Any party may file an opposition within five months from the publication date.
Examination Criteria:
- IP Vietnam assesses the design’s novelty and industrial applicability.
- Checks for potential conflicts with prior registered designs.
Timeline: Typically 9–12 months.
Office Actions: If objections arise, an Office Action is issued. The applicant must respond within two months (extendable once).
– Granting of Industrial Design: If no objections remain, a Certificate of Registration is issued.
– Validity: An industrial design is valid for five years from the filing date.
– Renewal: Renewable twice for a maximum term of 15 years.
- First-to-File System: Vietnam follows a first-to-file principle—early registration is crucial.
- Use Requirement: Not mandatory, but non-use for five consecutive years may make the design vulnerable to cancellation.
- International Registration: Industrial designs can also be protected in Vietnam via the Hague System.