A bottle of perfume, a handbag,… can all be registered for protection as an industrial designs. So what is an industrial design and what is the registration process? Please read the article “Registration procedure for industrial designs” by VNNA. Hope the article is useful to readers!
Overview registration procedure for industrial designs
Definition
General conditions for industrial design for protection
An industrial designs shall be protected when it satisfies the following conditions:
- Being novel;
- Involving an inventive step;
- Being susceptible of industrial application.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.
*The following subject matters shall not be protected as industrial designs:
- Appearance of a product, which is dictated by the technical features of the product;
- Appearance of a civil or an industrial construction work;
- Shape of a product, which is invisible during the use of the product;
- Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.
Registration procedure for industrial designs
Registration procedure for industrial designs: document
Minimum documents:
- 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN.
- 01 copy of the industrial design description;
- 04 sets of photos or 04 sets of drawings of an industrial design;
- Power of attorney (in case the request is filed through a representative).
A description of the industrial design description must satisfy the general requirements specified at Points 33.5 of Circular No. 01/2007/TT-BKHCN and must be contains the following contents:
- Name of the industrial design;
- Field in which the industrial design is used;
- The most similar industrial design;
- List of photos or drawings;
- Detailed description of the industrial design;
- Coverage of protection (or claim for protection) of the industrial design].
Other documents (if any):
- Paper on assignment of the right to file an application (if any);
- Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
- Documents evidencing the right of priority (if the patent application has a claim for priority right).
Fees and charges for industrial design registration
Applicants should note the following fees and charges:
- Official charges for filing application: VND 150,000/ 01 application;
- Fee for classification service VND 100,000/ 01 classification.
- Fee for examination: VND 700,000/ 01 object;
- Fee for publication of application: VND 120,000/ 01 application;
- Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
- Fee for the industrial design search for the examination process: VND 480,000/ 01 object;
- Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;
Note:
Apart from sections that need to be filled in, the written declaration must state the criteria for classification of the industrial design sought to be protected in accordance with the International Industrial Design Classification (under the Locarno Agreement). If the applicant fails to classify or inaccurately classifies the industrial design, the IPVN shall carry out the classification for which the applicant shall pay a fee as prescribed. (VND 100,000/ 01 classification).
Time limit for processing industrial design registration applications
From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
– An industrial design registration application shall have its formality examination within 01 month from the filing date;
– Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
– An industrial property registration application shall be substantively examined within 07 months from the date of application publication.
Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(1)Paper filing:
The applicant may submit an application for an industrial design directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
- Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
- Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
- Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
(2)Online filing:
Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
Please refer to the article for more information: Notice When Registering a Trademark Containing Elements of the Vietnam Map
Above is the procedure for registering an industrial design application for individuals/businesses. If you have a need to register an industrial design, please contact VNNA for detailed advice and instructions.
- Email: info@vnna.com.vn
- Hotline: 0862 618 669 or 0865 069 288
