1. Patents for industrial designs

The title of protection for an industrial design is called the “patent for industrial design”. Patent of industrial design is valid from the issuing date to the end of 5 years from the date of filing the proper application, and may be extended for two (2) consecutive times, each for 5 years.

2. The right to apply for an industrial design

The right to submit an industrial design, first of all, belongs to the author or legal heir of the author; If an industrial design is created when the author carries out a task assigned by the organization entrusted to him by the organization or is created primarily by the use of funds and material facilities of the Organization, The application for such industrial design shall belong to the organization assigning the work or the organization providing funds and material facilities to the author; If an industrial design is created by the contractor performing an employment contract with another organization or individual and there is no other agreement in the contract, the right to file the industrial design shall belong to the organization or individual. the person who signed that contract with the author. An industrial design applicant may transfer the right to file an application, including an already filed application, to an individual, legal person or other entity through a written transfer of the right to file an application.

3. Dossiers of application for registration of industrial designs Include the following materials:

+ Request for issuance of the patent for industrial design (declaration) shall be made in the form issued by the NOIP; + Description of the industrial design;

+ A set of photos or sets of pictures of industrial designs;

+ Documents certifying the right to file lawful applications, if the applicant is entitled to another person’s right to file (certificate of right of inheritance, certificate of transfer of the right to file the application, contract of assignment or contract labor), including one (1) copy;

+ The document certifying the ownership of the mark, if the industrial design contains the mark, one (1) copy;

+ Power of attorney (if necessary);

+ A copy of the first application or document certifying the display at the exhibition, if the application contains the priority right under the international treaty, one copy;

+ A copy of the application filing fee and application package, including one (1) copy.

+ Vietnamese version of the description of the industrial design, if the English / French / Russian version of the document is in the application;

+ Documents certifying the right to trademark;

+ The original of the power of attorney, if there is a copy in the application;

+ A copy of the first application or document certifying the display at the exhibition, including the Vietnamese translation.

The description of the industrial design must clearly and completely describe the nature of the industrial design and must conform to the set of photographs or set of drawings and include the following contents:

+ Name of the product or part of the product bearing the industrial design;

+ International Industrial Designated Classification (according to the Locarno Agreement);

+ Field of use of the product bearing the industrial design;

+ Similar industrial designs already known;

+ List photos or drawings;

+ The nature of the industrial design, in which the characteristics of the basic design of the industrial design sought to be protected differ from that of the already known industrial design. A set of photos or drawings must fully express the nature of the industrial design as described to determine the scope (volume) of the protection of the industrial design. Pictures / drawings must be clear and sharp, and must not be mixed with other products bearing the industrial design claimed. All pictures / drawings must be in the same ratio. The size of each photo / drawing should not be smaller (90 x 120) mm and should not be larger (210 x 297) mm.

4. Applying for registration of industrial designs

Through Intellectual Property Representatives

Tel: (84) 04.22379239 – Mobile: 0983367068.

Email: dangkybaoho@gmail.com Website: www.baohothuonghieu.com – Service of registration of industrial designs Process of examination of industrial design application Process and time limit for application review

The application for registration of industrial designs shall be processed at the NOIP according to the following general order (map of the process of appraisal of industrial design registration applications):

a) Appraising the form:

It is the assessment of the validity of the application in terms of formality requirements, exclusion subjects, the right to file an application, etc., from which to conclude the application is valid or invalid. Formal examination time is 1 month from the filing date

b / Announcement of valid applications:

An application for registration of a validly approved industrial property application shall be published in the Official Gazette within two months from the date of acceptance of the valid application. The contents of the application for registration of the CD-ROM are the information related to the valid application stated in the notice of acceptance of the valid application, set of photos or drawing of the industrial design.

c) Appraising the contents:

An application for registration of an industrial design which has been recognized as valid shall be subject to substantive examination in order to assess the possibility of granting the industrial design patent to the object stated in the application under the protection conditions and the corresponding protection scope. The time limit for appraisal of the contents of an industrial design application is 7 months from the date of publication of the application

Thuy Duong Law hopes to provide helpful informations in application for an IRC issuance. If you need any support, please contact:

Hotline: 0868421386
Email: tuvanluatthuyduong@gmail.com
Address: Apartment No. 1207, A14B2 Building, Nam Trung Yen urban area, Trung Hoa ward, Cau Giay district, Ha Noi city.