INDUSTRIAL DESIGN REGISTRATION

Information required for registration

1. Full name, address and nationality of the applicant;

2. Full name, address and nationality of the author of the design;

3. Name of the design (showing the object to be registered);

4. Classification of the design to be registered according to the Locarno International Classification (if available);

5. Priority country, priority application number and priority date of the application (in case the application claims priority).

Documents required for registration

1. 06 sets of drawings/photos used to illustrate the design. The drawings/photos must not exceed the size of A4 paper and all drawings/photos must be to the same scale. The number of drawings/photos in 01 set must be sufficient to represent the design (the design viewed from different sides and the overall image of the design);

2. A brief description of the design, indicating the distinctive features of the design sought to be protected;

3. A certified copy of the priority document from the office where the priority application was filed (in case of priority application under the Paris Convention). This document can be supplemented within 03 months from the filing date.

1. Understanding Your Design and Eligibility

Vietnam's design scene thrives on innovation, and protecting your creations through industrial design registration is crucial for success. But before embarking on the registration journey, it's essential to understand what constitutes a registrable design and whether yours meets the eligibility criteria.

What is an Industrial Design?

In Vietnam, an industrial design refers to the visual appearance of a product, encompassing:

• Three-dimensional shapes and configurations: Think of the form and overall shape of the product, and the way its components are arranged (e.g., a uniquely shaped chair or a distinctive bottle design).

• Two-dimensional elements: Surface patterns, logos, and other graphic elements applied to a product's surface can be protected as industrial designs (e.g., a unique textile pattern or a particular icon design).

• Combinations of both: Many products derive their visual identity from a combination of two-dimensional and three-dimensional elements.

Eligibility for Registration

Not all visually appealing designs qualify for protection. To be eligible for registration in Vietnam, your design must meet three key criteria:

• Novelty: This is the most crucial requirement. Your design must be significantly different from any existing design that has been publicly disclosed anywhere in the world before your filing date. Public disclosure can include being used commercially, displayed in public exhibitions, or described in published materials.

[Note: The concept of an "inventive step," which required your design to demonstrate a certain level of inventiveness beyond existing designs, is no longer a requirement for design registration in Vietnam as of 2020.]

• Industrial Applicability: Your design must be capable of being mass-produced using industrial or handicraft methods. Designs solely serving an aesthetic purpose with no practical functionality wouldn't qualify. (Imagine a beautiful sculpture; while visually appealing, it wouldn't be considered industrially applicable.)

• Susceptibility of Industrial Application: This is similar to industrial applicability but focuses on the design's potential for being reproduced consistently in its intended form during mass production.

What's Not Eligible?

While design registration offers valuable protection, some product features cannot be protected:

• Functionality- dictated Designs: If the product's appearance is solely determined by its function (e.g., the shape of a spoon), it cannot be protected as an industrial design.

• Discoveries, Scientific Theories, etc.: Abstract ideas, scientific principles, or discoveries themselves are not eligible for design protection.

• Elements Contrary to Public Order or Morality: Designs that violate social ethics, public order, or national security are not registrable.

Examples of Registrable Designs in Vietnam

Here are some examples to illustrate the types of designs that can be protected in Vietnam:

• The unique shape of a water bottle

• A distinctive pattern printed on a garment

• The user interface design of a mobile application (if it meets the criteria of industrial applicability)

• A new and original furniture design

Understanding your design's characteristics and ensuring it meets the eligibility criteria is the first step towards a successful registration journey in Vietnam.

2. Conducting a Pre-Filing Search: Mitigating Risks

Imagine investing significant time and resources into crafting a beautiful and innovative product, only to discover during the registration process that a similar design already exists. This is where pre-filing searches come in – a vital tool for mitigating risks and maximizing the success of your industrial design (ID) registration journey in Vietnam.

Why Conduct a Pre-Filing Search?

A pre-filing search acts as a safety net, offering several benefits:

• Reduced Risk of Application Rejection: The search helps identify potentially conflicting designs already registered or pending registration in Vietnam. This allows you to adjust your design or manage expectations about successful registration before investing in the application process.

• Cost-Effectiveness: Avoiding a rejected application due to a conflicting design saves time, application fees, and potential legal fees associated with overcoming rejections.

• Informed Decision-Making: The search results can inform strategic decisions about design modifications or alternative filing strategies. For example, if the search reveals a concentration of similar designs in a particular product category, you might consider filing in a different category to minimize potential conflicts.

Types of Pre-Filing Searches

There are two main types of pre-filing searches you can consider:

• Similarity Searches: These searches focus on identifying existing designs with visual elements similar to yours. They typically involve searching databases using keywords, design classifications, or image recognition if available.

• Freedom-to-Operate Searches: These searches go beyond just visual similarities and consider the broader legal landscape. They assess the potential for legal challenges related to existing designs that might restrict your ability to use your design commercially in Vietnam. This includes analyzing patents or trademarks that could potentially limit your design's functionality or branding elements.

Resources for Conducting Pre-Filing Searches

There are two primary resources available to conduct pre-filing searches in Vietnam:

• National Office of Intellectual Property of Vietnam (NOIP) Database: The NOIP website offers a free, searchable database of registered designs in Vietnam. While it might not be as comprehensive as professional search tools, it serves as a good starting point for basic searches using keywords or design classifications.

• Professional Search Firms: Engaging a qualified IP search firm provides a more comprehensive approach. These firms have access to broader databases, including international design registrations, and utilize advanced search techniques to identify even remotely similar designs that might be missed by free resources. Additionally, they can offer valuable insights and analysis of the search results.

Choosing the Right Approach

The decision of whether to conduct a basic search using the NOIP database or invest in a professional search depends on your budget and the complexity of your design.

• For simpler designs with lower risk tolerance, a search using the NOIP database might suffice.

• For intricate designs with high potential value or those targeting competitive markets, a professional search is highly recommended.

Remember: A pre-filing search is an investment in the success of your ID registration journey. By proactively identifying potential conflicts and informing strategic decisions, you can navigate the process with greater confidence and minimize the risk of encountering roadblocks later.

3. Preparing and Assembling Your Application

Successfully registering your industrial design in Vietnam requires a well-prepared application submitted to the National Office of Intellectual Property of Vietnam (NOIP). This section guides you through the essential documents and procedures involved.

Minimum Required Documents:

• Two Declarations for Registration: These forms, provided by the NOIP and following the format specified in Circular No. 01/2007/TT-BKHCN (Appendix A), outline the key details of your design and applicant information. Ensure all sections are filled accurately and completely.

• Industrial Design Description (Optional): While not always mandatory, a detailed written description of your design can be helpful. It should include:

  • The name of your design.

  • The field or industry where the design is used. (e.g., furniture, electronics)

  • Any similar existing designs (identified during a pre-filing search, if applicable).

  • A list of all photos or drawings submitted.

  • A comprehensive description of your design's features, materials, and functionality.

  • A clear definition of the scope of protection you seek for your design.

• Four Sets of Photos or Drawings: High-quality visuals depicting your design from various angles are crucial.

  • Ensure the photos are clear and well-lit, and present the design in its entirety.

  • Drawings must be clear and detailed, using appropriate technical conventions.

  • The NOIP recommends submitting four sets, but you can inquire about the specific number required for your case.

• Proof of Payment: Include receipts for all application and classification fees associated with your filing.

Additional Documents (if applicable):

• Power of Attorney: If you are using a representative (patent agent or attorney) to file the application, a power of attorney document officially authorizing them to act on your behalf is required.

• Assignment of Right to File: If the right to file the application originated from another person (e.g., an employer-employee situation), documents proving this assignment are necessary.

• Documents Certifying Lawful Right of Registration: In cases where you are not the original creator of the design but have acquired the legal right to file for registration, relevant documentation is required.

• Documents Evidencing Priority Right: If you are claiming priority based on a previously filed design application in another country, you will need to submit the relevant documents and pay the associated fee.

General Application Requirements:

• One Application per Design: Each application can only request protection for a single design. For multiple designs, separate applications are required.

• Vietnamese Language: All application documents must be submitted in Vietnamese. Translations are necessary for documents originally in another language, following the guidelines outlined in Circular No. 01/2007/TT-BKHCN.

• Formatting: Use A4 paper with specific margin requirements. Times New Roman font with a minimum size of 13 is recommended.

• Clarity and Presentation: Documents should be typewritten or printed clearly, free from erasures or modifications. Use standard Vietnamese terminology and avoid dialects or uncommon words.

• Electronic Data (Optional): The NOIP allows submitting electronic versions of some application documents on compatible media.

Fees and Charges:

The NOIP charges various fees associated with the application process. Here's a summarized list:

• Application Filing Fee: VND 150,000 (around $6.50)

• Classification Fee: VND 100,000/classification (around $4.30)

• Examination Fee: VND 700,000/design object (around $30)

• Application Publication Fee: VND 120,000 (around $5.20)

• Publication Fee (additional images): VND 60,000/image (around $2.60)

• Design Search Fee (optional): VND 480,000/design object (around $21)

• Priority Right Examination Fee (if applicable): VND 600,000/priority application (around $26)

Classification:

The application requires classifying your design according to the Locarno Classification system, which categorizes designs based on type and function. Resources are available online and at the NOIP to assist you with classification. If you are unsure about the appropriate classification, the NOIP will classify your design for an additional fee.

Submission Methods:

The NOIP offers two convenient methods for submitting your application:

• Paper Filing: Applications can be submitted in person or by mail to one of the NOIP's offices in Hanoi, Ho Chi Minh City, or Da Nang City. Ensure you include a copy of the money transfer receipt if paying fees by postal service.

• Online Filing: For a more streamlined process, the NOIP offers online filing through their online public service portal. This method requires a digital certificate, a digital signature, and a registered account approved by the NOIP. The online process involves:

  • Completing an online application form.

  • Receiving a confirmation email.

  • Submitting printed application documents and paying fees at a NOIP office within one month of online submission.

  • Receiving an application number upon successful completion.

Remember:

• Choosing the right method depends on your preference and comfort level with technology. Paper filing might be easier for those unfamiliar with online systems, while online filing offers convenience and faster processing times.

• Regardless of the chosen method, ensure all documents are complete, accurate, and meet the NOIP's requirements.

By carefully assembling and submitting a well-prepared application, you significantly increase your chances of successful industrial design registration in Vietnam.

4. Submitting Your Application and Processing Timeline

Once you've assembled your application following the guidelines outlined in section 3, it's time to submit it to the National Office of Intellectual Property (NOIP) in Vietnam. Here's a breakdown of the submission process and the expected timeline:

Submitting Your Application:

• Eligible Applicants: Vietnamese individuals or organizations, foreign residents of Vietnam, and foreign entities with a Vietnamese production or trading presence can file applications directly or through a registered representative. Others must use a Vietnamese representative.

• First-to-File System: Vietnam adheres to a "first-to-file" system. The earliest valid application with the earliest filing date receives priority for registration. This emphasizes the importance of filing promptly after creating your design and avoiding public disclosure beforehand.

Processing Timeline:

The NOIP follows a well-defined process with specific timeframes for each stage:

1. Formality Examination (1 month): The NOIP assesses your application for completeness and adherence to formatting requirements. If minor corrections are needed, you'll have time to address them within the timeframe.

2. Notification of Formality Examination Result (within 1 month):

• Valid Application: You'll receive a notice confirming acceptance and proceed to the next stage.

• Incomplete Application: The NOIP will issue a notice outlining the deficiencies and provide a time limit for corrections or objections to their intended rejection.

3. Publication (within 2 months of acceptance): If deemed formally valid, your application is published in the Industrial Property Official Gazette for public opposition and comments from third parties. You'll need to pay a publication fee during this stage.

4. Substantive Examination (within 7 months of publication): NOIP examiners assess the design's eligibility for protection based on novelty, industrial applicability, and susceptibility of industrial application. Similar to the formality stage, time extensions are possible for addressing issues raised by the NOIP.

5. Notification of Substantive Examination Results (within 7 months of publication):

• Intended Refusal: The NOIP might issue a notice outlining reasons for refusal if the design doesn't meet protection criteria. You'll have an opportunity to respond within two months (extendable) and convince them otherwise.

• Intended Grant: If the design satisfies all requirements, you'll receive a notice of the intended grant and a request to pay the grant fee.

6. Notification of Refusal (if applicable): If you fail to address concerns raised during the substantive examination within the allotted timeframe, the NOIP will issue a formal refusal notice. Appeal options are available through the NOIP Director General or the court system.

7. Notification of Intention to Grant and Fee Request: Upon a successful substantive examination, the NOIP will notify you of the intention to grant the design patent and request payment of the grant fee.

8. Issuing the Industrial Design Patent (within 10 days of fee payment): Once the grant fee is received, the NOIP finalizes the process and issues the official industrial design patent.

9. National Register Entry and Publication (within 2 months of fee payment): The granted design is recorded in the National Register of Industrial Property and published in the Industrial Property Official Gazette after you pay the publication fee.

Key Points to Remember:

• The entire process from filing to registration typically takes around 12-14 months.

• Time extensions are possible during various stages, but they might impact the overall timeline.

• Clear communication and timely responses to NOIP requests are crucial for a smooth application process.

• Consider consulting a registered IP professional to navigate the intricacies of Vietnamese design registration and maximize your chances of success.

5. Conclusion

Registering your industrial design in Vietnam empowers you to safeguard your creative efforts and unlock the commercial potential of your unique designs. By following the step-by-step guide presented here, you'll gain a comprehensive understanding of the process, from understanding eligibility to navigating the application process and timeline. Remember, a well-prepared application, a proactive approach, and clear communication throughout the process significantly increase your chances of securing a successful design registration in Vietnam. With your innovative design protected, you can confidently enter the Vietnamese market and reap the rewards of your creative endeavors.

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