Vietnam

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.

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.

An industrial design is protectable if it meets the following criteria: Novelty, Creativeness, and Industrial applicability.

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.

Exceptions to loss of novelty:

• 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.
• 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.

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.

An industrial design is considered industrially applicable if it can serve as a model for an article in industry or handicraft.

• 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.