- Conducting industrial design searches
- Counseling on the patentability of industrial designs
- Preparing drawings/photographs and drafting specifications of industrial designs
- Preparing, filing and prosecuting design applications
- Renewal and investigation of the validity of patents for industrial design
- Invalidation and cancellation of patents for industrial design
- Litigation to assert the rights to industrial designs
- Negotiating and drafting assignment and license agreements, and other agreements related to industrial designs
- Recording industrial design assignment and license agreements with the NOIP
- Advising on the enforcement of industrial design rights against infringers
- Prosecuting and defending industrial design infringement lawsuits
Industrial Designs
Design Specification
The specification must include the following sections in order:
- Title of the design: the title of the design identifies the article in which the design is embodied by the name generally known and used by the public;
- Classification: international classification code under the Locarno Agreement in the form of a class number and subclass separated by a dash;
- Field of application: a statement of the nature or intended use of the article in which the design is embodied;
- Known relevant industrial designs: stating designs at least different from the claimed industrial design;
- Brief description of the figure or figures of the drawing: listing the figures of photographs of the claimed design;
- Feature description of the industrial design: describing essential features of the industrial design and specify features that are new, substantially different from the most relevant designs;
- Claim: statement of claimed features including new features and substantially different from the known relevant designs.
Drawings/photographs
The drawings or photographs disclose the entire visual appearance of the article in which the design is applied. It is of importance that the drawings or photographs are clear and complete.
The set of drawings or photographs for three-dimensional design usually comprises perspective, front, back, top, bottom, left, and right views. Each view should have a size between 90mm x 120 mm and 210 mm x 297 mm.
In special cases, a cross-sectional drawing(s) in necessary position may be included. If an article to which the design is applied has a cover or is foldable (for example: refrigerator, wardrobe or suitcase), drawings or photographs of it in the open state are necessary.
Protection Criteria
The standard for determining novelty of industrial design is based on universal novelty. To be considered to be new, an industrial design must not significantly differ from other industrial designs that have already disclosed to the public, anywhere in the world, by publication in tangible form, by oral disclosure, by use or in any other ways, prior to the filing date or, where appropriate, the priority date of the relevant design application.
Article 66.4 of the Intellectual Property Law provides following exceptions to loss of novelty in connection with disclosure of industrial design:
- The design is disclosed by any person without the consent of the person having the right to patent the design;
- The design is disclosed in the form of a scientific presentation of the person having the right to patent the design; or
- The design is disclosed as an exhibited object by the person having the right to patent the design at a national exhibition of Vietnam or an international exhibition.
In such circumstances, an application for the industrial design should be filed to the NOIP within 06 months after said disclosure.
Creativeness
An industrial design is considered to involve creativeness when, taking into account other industrial designs that have already disclosed to the public, anywhere in the world, the industrial design would not have been obvious to person having common knowledge in the field to which the design pertains.
Industrial application
An industrial design is considered industrially applicable if it can serve as a model for an article in industry or handicraft.
Unprotected designs
Civil Code and the Intellectual Property Law stipulate on objects which are not protected as industrial design as follows:
- Designs of articles that are contrary to the public interest, humanitarian principles or morality;
- Designs are determined only by the functional characteristics of articles. For example, the shape of screw with a helical groove formed on its surface;
- Designs of civil or an industrial construction works e.g. appearance of houses, factories, bridges;
- Designs of articles invisible in end use. For example, the shape and appearance of internal parts of a machine.
Frequently Asked Questions
Industrial design is one of the main factors attracting consumers to your products.
Industrial design is the external appearance of a product expressed by shapes, lines, colors or a combination of these elements. From desks to phones, industrial design is one of the main factors that attract consumers to a product or make them prefer using one product over another.
1. Industrial design drives consumer choice – Consumers seek products that perform well and look good at the same time. The “appearance” or appearance of a product can play an important role in a consumer’s purchasing decision.
2. Industrial design concerns all businesses – Appearance, regardless of product, from home appliances, cars and communications equipment to lighting equipment, packaging and containers.
3. Evolving Industrial Design – New technologies linked, in particular to the Internet and social media, have enabled the creation of new types of industrial designs such as graphical user interfaces. (GUI) and icons.
Industrial design rights can benefit businesses
Industrial design protection should be part of any business strategy from the outset of any project, as novelty is often a necessary condition for industrial design exclusivity. Industrial design protection offers the following benefits:
1. It creates monopoly
The right holder has legal measures to prevent or prevent others from commercial exploitation or copying of his industrial design.
2. Industrial design monopoly is a business property
They are part of a company’s portfolio of intellectual property and can increase the value and market value of a company’s products.
3. An industrial design monopoly can be sold or transferred to another company
This is a potential source of income for rights holders.
4. An industrial design monopoly can strengthen a company’s brand and reputation
In a competitive market, industrial designs can add marketing value to products and help them stand out among similar products.
5. Industrial design protection contributes to the return on investment
Industrial design protection contributes to a return on investment made through the creation and marketing of attractive and innovative products. It also fosters and encourages creativity.
(Source: National Office of Intellectual Property)
There are several important reasons for enterprises to protect industrial designs:
The design of a product is often the factor that creates attraction or attraction for the customer, and the tangible appeal is a key factor in the customer’s decision to choose one product over another. This is especially true of categories where there are many products with the same function. Given the commercial importance of a design to a product’s success, protecting a design from competitors’ copying and imitation is an important part of an enterprise’s business strategy. .
Industrial design is the property of the enterprise. It can increase the commercial value of the company and their products. The more successful a product’s industrial design is, the greater its commercial value. Therefore, industrial designs must be fully managed and protected.
Industrial design plays an important role in the successful marketing of a product, helping to define a company’s brand image. The protection of industrial designs guarantees the exclusivity of their use and is a key element of a company’s marketing strategy.
A protected industrial design can generate additional income for your company through the collection of fees for licensing the design to others or through franchising the design. industry.
Prepare application documents, submit applications
To register for industrial design protection, you will have to prepare a set of application documents including:
Declaration (according to the form of NOIP)
Description of industrial design
Set of photos/drawings of industrial design
Power of Attorney (according to our form provided)
Transfer of application right (if any)
Documents confirming the right to register (if beneficiary is from someone else);
Documents proving the right of priority (if the industrial design application has a claim for priority right).
Once the application is submitted, the receiving office will consider whether the design application meets the documentation and information requirements.
If these requirements are met, the application office will receive the application and temporarily record the filing date and application number.
Formal examination of the application
Accepted applications will be reviewed for formality within one month. The industrial design examiner of the National Office of Intellectual Property of Vietnam will verify whether the application meets the requirements in terms of formality.
If the application meets the formality requirements and the fee has been submitted in full, the application will be considered valid and the NOIP will send the applicant (or the applicant’s representative) a Notice of Acceptance. valid application and officially records the application number and filing date.
Publication of industrial design application
Design applications will be published in the Industrial Property Official Gazette, Volume A in the 2nd month from the date the application is accepted as valid.
Published application contents include publication number and publication date, application number and filing date, information about the applicant, representative, priority data, design name, design classification, number plans and photographs/drawings of the industrial design.
Substantive examination of an industrial design application
After publication, the industrial design application will be automatically examined for the application’s content. The time for substantive examination of the application is 6 months from the date the application is published.
Issuance, registration and publication of patents for Industrial Design
When the application has met the requirements on form and content, the NOIP will issue a Notice of the results of substantive examination and request the applicant to pay the industrial design patent granting fee, registration fee. directory and publication.
After receiving the above fee, NOIP will grant the certificate, record information related to the title in the national register and publish the protection title in the Industrial Property Official Gazette, Volume B. in the second month from the date of grant of the degree.
Term of protection and extension of protection title
The term of protection of an industrial design patent is 5 years from the date of valid filing.
This term of protection may be renewed twice in a row, for 5 years each, provided that the owner of the design files a request for renewal and pays the renewal fee within a period of 6 months prior to the date of patent. expire. The renewal fee may also be filed late but not later than 6 months from the date the design patent expires and the applicant must pay the prescribed late fee.
