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Industrial Design


BASIC PROCEDURE FOR OBTAINING A PATENT FOR INDUSTRIAL DESIGN


Filing requirements:

For filing an industrial design application, the following documents and information are required:

Documents:

(i)      Six (6) sets of photographs or drawings of the Design which comprise perspective, front, top, bottom, left, right and back views (Dimension of representation should not be more than 210 x 297 mm and not less than 90 x 120 mm);

(ii)     A Power of Attorney which is simply signed by the Applicant (Required within 1 month from the filing date; Neither notarization nor legalization is required);

(iii)    A copy of the description of the industrial design (required at the time of filing);

(iv)    A  Deed of Assignment of the Priority Rights, where the Applicant is different from the Applicant having filed the Priority Application (required within 3 months from the filing date);

(v)      A copy of document certifying the ownership or the right of use of trademarks/geographical indcations/trade names, if the industrial design contains any of such distinctive signs (only if requested by the NOIP);

Information

(i)       Full name, address and nationality of the Applicant(s) and Creators(s);

(ii)      Country, Application No. and Filing Date of the basic application(s), if a Paris Convention Priority is claimed.

Formality examination

Once the application is filed, it is first examined by the NOIP as to formality to ensure that it is complete and the information provided is accurate. The result thereof is expected available within 01 month from the filing date. If the application is rejected due to its incompliance with the formal requirements, the applicant will have 01 month for amendments or corrections. 

Upon completion of the formality examination, if all formal requirements are met, or the amendments or corrections mentioned above are accepted by the NOIP, a Notification of Acceptance of Application shall be issued to confirm the accepted filing date, the filing number and other details of the application.

Publication of Application

Within 2 months from the date on which the Official Notification of Acceptance of Application is issued, the application shall be published in the Industrial Property Gazette for opposition purpose. During the period from the publication date to the date on which a decision to grant a patent for industrial design is issued by the NOIP, any third party may file an opposition against the pending application.

Substantive examination

Upon publication in the Industrial Property Gazette, the application shall undergo an substantive examination to evaluate whether the industrial design meets substantive requirements such as novelty, industrial applicability and inventive step. The results thereof is expected available within 6 months from the publication date.

If the industrial design is considered unqualified for protection, or if it is qualified but the application  still contains defects, a Notification of Intention to Refuse to Grant Patent for Industrial Design is issued by the NOIP and the Applicant then will have 02 months for responding to the Notification and amending or correcting the application.

Upon completion of the substantive examination, if all substantive requirements are met, or if the amendments or corrections mentioned above are accepted by the NOIP, a Notification of Intention to Grant Patent for Industrial Design shall be issued.

Grant of Patent for Industrial design:

Within 01 month from the date of Notification of Intention to Grant Patent for Industrial Design, the applicant shall have to pay the registration and publication fees. The patent for industrial design shall then be granted and published in the Industrial Property Gazette within 02 months from date of Notification.

The legal protection of an industrial design begins from the date on which the patent for industrial design is granted. It is valid for a period of 5 years counted from the filing date and can be renewed twice for 5 years each.

Kieudang-TiengAnh