1. Is there any exclusion from registrability of industrial designs?
Yes. Protection is not available for the designs
· that can be easily created by the person having ordinary skill in the field concerned;
· that serve solely to obtain a technical result;
· that of immovable things such as buildings;
· that of products which are invisible when used;
· that of products which have purely aesthetic value.
2. Is it possible to claim priority?
Yes. A priority can be claimed on the basis of the Paris Convention provided that the Vietnamese application is filed within 6 months from the filing date of home application.
3. When and how does an industrial design lose its novelty?
An industrial design loses its novelty when:
· it appears in a publication distributed in home country and elsewhere in the world;
· it is publicly known in home country and elsewhere in the world;
· it is used, registered or published in home country and elsewhere in the world.
However, the novelty is not lost if:
· the industrial design is known by a limited number of persons having obligation of confidentiality;
· the industrial design has been published as a scientific report by the person entitled to file an application for registration or published by another person without authorization of the earlier, provided that the application is filed within 6 months from the publication date.
4. Is there any classification for industrial design applications?
Yes. Although not yet a member of Locarno Union, Vietnam adopts the eighth edition of International Classification of industrial designs thereunder.
5. Is it possible to include two or more designs in one application?
No. Separate application is required for each design. However, one application may cover any number of alternatives having the same design applied.
6. Is there a publication system?
Yes. Publication is made at the 1st time after the application passed the examination on formality and the 2nd time after registration.
7. Is it possible to file an opposition action?
Yes. An opposition can be filed at any time from the date of publication of the application until the date on which a decision on grant of patent for the industrial design is issued.
8. How long does it normally take to obtain final registration?
It usually takes about 9 to 15 months from the filing date.
9. What is the estimate of costs for filing an industrial design application?
The costs for filing a design application vary depending on a number of factors such as number of embodiments included therein, number of drawings etc… To calculate the costs please click here.
10. What is the term of a patent for industrial design?
Duration of a patent for industrial design is 5 years from the accepted filing date and can be extended twice for 5 years each.
11. What is the scope of the right provided by a patent for industrial design?
The right provided by a patent for industrial design extends to all designs of the same kind of articles which are not essentially different from the registered design.
12. Is it possible to cancel a patent for industrial design?
Yes. During the validity of a Patent for industrial design, a cancellation action may be filed by any third party at any time if it can be shown that (i) the applicant does not have the right to file application for registration of the industrial design or; (ii) the industrial design does not meet the prescribed criteria for protection at the time of filing.
13. What constitute infringement to a registered industrial design?
The acts which constitute an infringement of a registered industrial design are: manufacture, sale, transportation, importation, and exportation, advertisement for sale of products showing the design which is not essentially different from the registered design.
14. What types of remedies may be available o¬n the case of infringement?
Different remedies are available when a registered design is infringed including administrative, civil and criminal proceedings.( for details see Enforcement of Rights)