Registration of industrial designs in Vietnam – Every company that owns an industrial design and intends to expand its business in the Vietnam market should use the Vietnam intellectual property system. It is paramount for businesses to file an industrial design application in Vietnam for industrial designs, even if the launch of the respective product on the market in Vietnam has not yet commenced.
Requirements for Industrial Design Registration Application in Vietnam
An industrial design application in Vietnam requesting the right of priority must be filed within 6 months from the priority date.
The official language of the proceedings before the patent office is Vietnam; however, the application can be submitted in another language if the translation is filed within three months after the filing date.
The following information and documents need to be provided in the application for registration of an industrial design in Vietnam:
- name, address, and nationality of the applicant, business address;
- request for design registration;
- representation of a design.
One month must pass after filing an industrial design application in Vietnam before submitting the POA. There is no need for legalization or notarization.
Within three months of submitting an industrial design application in Vietnam, a certified Vietnamese translation of the priority document must be submitted.
There is no need for an Assignment Deed. Suppose the applicant for a Vietnam design application is not the original designer of the design. In that case, he must state in the application how he obtained permission to file for a patent from the creator.
Examination of an Industrial Design Application in Vietnam
Requests for substantive examination must be made upon filing.
Validity period and renewal of industrial designs in Vietnam
Industrial design has a six-month grace period for novelty following the initial disclosure, publication, or display.
A design’s validity period in Vietnam is five years from the filing date and can be extended twice every five years for a total of fifteen years.
Within three months of the decision granting a design patent, the official grant fee for the industrial design patent must be paid. The owner must submit a request for renewal and pay the renewal fee within six months of the previous validity term’s expiration in order to extend the validity of the design patent. Upon payment of an extra fee and within six months of the renewal due date, the design patent may also be renewed.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Vietnam should perform an industrial design search in Vietnam through a law firm, or an industrial design attorney.
