Industrial design registration procedures (central level) in Vietnam

Industrial design registration procedures (central level) in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Procedures for registering industrial designs (central level) are guided in Decision 3038/QD-BKHCN 2023 as follows:

1. Industrial design registration dossier (central level) in Vietnam

- Industrial design registration declaration according to Form No. 07 in Appendix I of Decree 65/2023/ND-CP;

- Set of photos/Drawings (04 sets);

- Description (01 copy);

- Authorization document (if applying through a representative);

- Documents proving registration rights if the applicant benefits from another person's registration rights;

- Documents proving priority rights, if there is a claim for priority rights;

- Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office's account).

2. Industrial design registration procedures (central level) in Vietnam

- Step 1: Receive application

Organizations and individuals submit 01 set of industrial design registration dossiers to the National Office of Intellectual Property.

- Step 2: Verify the application form

Check the compliance with formal regulations for the application, thereby drawing a conclusion about whether the application is considered valid or not (make a decision to accept the application as valid/refuse to accept the application). Industrial design registration applications are formally assessed by the National Office of Intellectual Property within 01 month from the date of receipt of the application.

+ In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;

+ In case the application is invalid, the National Office of Intellectual Property issues a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 02 months. for the applicant to give comments or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

+ In case the applicant proactively requests to amend or supplement the application or responds to a notice from the National Office of Intellectual Property, the formality appraisal time limit is extended by 10 days.

- Step 3: Announce the application

+ The application is published within 02 months from the date of acceptance of the valid application if the applicant does not request late publication or requests late publication but the application is accepted validly after the expiration of the time the applicant requests late publication;

+ In case the applicant requests late publication and the application is validly accepted before the deadline for the applicant to request late publication expires, the application will be published in the month following the month in which the request for late publication ends.

- Step 4: Appraise the content of the application

Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions (newness, creativity, and industrial applicability), thereby determining the corresponding scope of protection.

- Step 5: Announce the results of the content appraisal:

+ If the object requested for protection stated in the application does not meet the protection conditions, falls into the cases mentioned in Article 117 of the Law on Intellectual Property, or meets the protection conditions but still has shortcomings, the National Office of Intellectual Property issues a notice of content appraisal results that clearly states the intention to refuse to grant a protection title, reasons for refusal, or shortcomings of the application, and can guide the modification of the scope (volume) of protection and set a period of 03 months from the date of notification for the applicant to give comments. If, at the end of the prescribed time limit, the applicant does not correct the errors, the correction is unsatisfactory, there is no objection, or there is an objection that is not valid within 15 days from the end of the time limit mentioned above, the National Office of Intellectual Property shall issue a Decision to refuse to grant a protection title.

+ If the object requested for protection stated in the application partly meets the protection conditions, the National Office of Intellectual Property shall issue a notice of the results of content appraisal, which clearly states the intention to grant a protection title to the part that meets the protection conditions on the condition that the applicant amends the application to meet the requirements, the reason for refusing to grant the part that does not meet the requirements, and sets a deadline of 03 months. from the date of notification so that the applicant can give written opinions on agreeing and amending the application or objecting to the results of substantive examination.

If at the end of the prescribed time limit, the applicant does not make changes or has no objection, then within 15 days from the end of the above time limit, the National Office of Intellectual Property issued a decision to refuse to grant a protection title.

If at the end of the prescribed time limit, the applicant amends the application unsatisfactorily or has objections that are not valid, the National Office of Intellectual Property shall notify the results of the substantive examination, which clearly state the intention to grant a certificate of protection for the part that meets the protection conditions on the condition that the applicant amends the application satisfactorily, and set a deadline of 03 months from the date of notification for the applicant to amend the application.

In case the applicant has amended the application to meet the requirements, within 02 months from the date the applicant amended the application, the National Office of Intellectual Property notifies the applicant of the payment of fees for granting protection titles, fees for announcing the decision to grant protection titles, and fees for registering decisions for granting protection titles, and sets a deadline of 03 months. from the date of notification for the applicant to pay those fees and charges.

+ If the object requested for protection stated in the application meets the protection conditions or the applicant has corrected the errors satisfactorily or has properly explained the results of the substantive examination and/or amended the application to meet the requirements according to regulations, the National Office of Intellectual Property issues a notice of content appraisal results, stating the intention to grant a protection title to the whole or part that meets the protection conditions and sets a deadline of 03 months from the date of notification for the applicant to pay the fee for granting a protection title, the fee for announcing the decision to grant a title of protection, and the registration fee for the decision to grant a title of protection.

+ If the applicant does not amend or does not object, or amends the application unsatisfactorily, or does not pay the fee for granting a certificate of protection, the fee for announcing the decision to grant a title of protection, or the fee for registering a decision to grant a title of protection within the prescribed time limit within 02 months from the end of the corresponding period, the National Office of Intellectual Property issues a decision to refuse to grant a protection title.

- Step 6: Grant industrial design patent

+ If the subject matter stated in the application meets the protection requirements and the applicant pays fees and charges in full and on time within 15 days from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to grant a protection title, record it in the National Register of Industrial Designs, and publish it in the Industrial Property Official Gazette.

- Step 7: Announce and register the decision to grant an industrial design patent.

The decision to grant an industrial design patent is published by the National Office of Intellectual Property in the Industrial Property Official Gazette within 60 days from the date of the decision and recorded in the National Register of Industrial Property according to regulations.

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