Question: I want to apply for a design patent to Vietnam but there is no information about design patent on the internet, so I can’t get any information about it. I want to know there is nonpublication design patent system (secret design registration system) in Vietnam and it is possible to request applying for secret design. We thank you for your assistance with this case. Please quote.
Answer:
Thank you for your interest in our IP service. Regarding the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, we would like to advise you our procedure and fee schedule in relation to the industrial design registration proceeding in Vietnam as follows:
- Procedure
a. Protection criteria
An industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:
| Being novel | Being of an inventive step | Being susceptible of industrial application | |
| Patent for industrial design | P | P | P |
An industrial design shall have more than one embodiment. Thus, to get the greatest protection for the industrial design, you should register all embodiments related to the industrial design.
b. Validity of Patent for Industrial Design
Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years. In conclusion, the maximum term of the Patent for Industrial Design is 15 years counting from the filing date.
c. Procedure and timeline
An industrial design application will be examined through the following process:
| Time Frame | Content of examination | |
| Formality examination | 01-02 months from the filing date (if all required documents are submitted) or from the date of supplementation of all documents. | The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Industrial Design will issue the decision on the legitimate formality of the application. |
| Publication | 02 months from the date of acceptance of application (if no request for early publication). | The application will be published on the Industrial Property Gazette. |
| Substantive examination | 09-12 months from the publication date. | The protective criteria of the industrial design will be examined. |
| Granting | 01-03 months from the date of Notification of granting Patent for Industrial Design. | – The Applicant pays the registration and publication fee.
– The Industrial Design will be published on Industrial Property Gazette. |
d. Required documents and information
For us to filing a patent application, the following documents/information should be provided:
i. The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required;
ii. Name and addressof:
– Applicant;
– Author(s) of industrial design;
iii. Title of the industrial design;
Indication of the kind of products for which the industrial design is to be used;
iv. Priority document (if any);
v. The set of picture of the industrial design under the guideline of SBLAW.
2. Fee schedule for registration of 01 industrial design
| No. | Works | Official fees (USD) | Agency fee (USD) |
| 1 | Fee for filing an application for industrial design | 9.10 | 150.00 |
| 2 | Searching fee for classification | 30.00 | 40.00 |
| 3 | Claiming priority right (for each earlier priority) | 36.40 | 46.00 |
| 3 | Publication of industrial design application | 7.53 | 46.00 |
| – Additional charge for each picture from 2nd one | 7.53 | 5.75 | |
| 4 | Examination fee (for each variation, inclusive of information search) | 42.42 | 46.00 |
| 5 | Granting patents for industrial design (including Register and Publication) | 19.20 | 70.00 |
| – Additional charge for each figure from 2nd one | 3.20 | 5.75 | |
| 6 | Picture preparation (for each picture) | – | 15.00 |
| TOTAL (number in bold) | 405.25 USD
Four hundred and five US Dollar and twenty five cent only |
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Note: This fee includes the office fee of NOIP, our agency fee and fee for granting patent, but excludes 5% VAT, fee for responding NOIP’s Action. We will inform you all arising fees for your decision before taking any action.
