Industrial design applications may be filed at the National Office of Intellectual Property of Vietnam (NOIP) directly or by mail. The filed applications will be subjected to the examination process as the following chart shows.
Examination on filing
The Receiving Division examines whether the industrial design application satisfies the requirements on the documentation and the application fees have been paid.
If the application meets all the requirements on filing, a date of filing and an application number will be assigned.
Examination as to form
The filed application will be then examined as to form within one month. The NOIP examines the application whether it complies with the administrative requirements or formalities.
If all the relevant documents and information are included and the application fees have been paid, the application will be accepted as complete, and the application number and the filing date will be officially recorded. The NOIP will issue a notification of acceptance and send it to the applicant or his industrial design agent.
An industrial design application will be published in the Industrial Property Gazette, Volume A of NOIP after a period of one month from the filing date.
The publication information contains the publication number and the publication date, the application number and the filing date, the international classification code, the information on the applicants, the designers, the industrial design agent, the priority data, the title and the drawings/photographs.
Examination as to substance
The application will be automatically examined as to substance within 07 months from the publication date. The substantive examination verifies whether there exist any grounds for refusal connected with failure to satisfy the protection criteria as mentioned above.
Grant, recordal and publication of patent
When the NOIP finds no grounds for refusal, it will issue a notification of result of substantive examination in which the applicant will be invited to pay the fees for grant, registration and publication of the industrial design.
After the prescribed fees are paid, the NOIP will issue to the applicant a patent for industrial design, record the details of the industrial design in the National Register and publish the industrial design in the Industrial Property Gazette, Volume B of NOIP within 2 months from the granting date.
Duration and renewal of patent for industrial design
The term of patent for industrial design is 5 years from the filing date.
The term may be renewed for two 5 year-consecutive-periods upon payment of the prescribed fee and the filing of a written application. Such application may be made at any time within 06 months before the end of each 5-year period, or it may be made within a grace period of 6 months after the end of each 5-year period, upon payment of prescribed fee and surcharge.