Industrial Design Application Process in Vietnam
Step 1: Filing the Industrial Design Application

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.

Step 2: Formality Examination

– 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.

Step 3: Publication for Opposition

– 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.

Step 4: Substantive Examination

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).

Step 5: Registration and Maintenance

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.

Additional Notes
  • 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.