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Industrial Design
Definition
Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
Products herein are understood to mean articles, tools, equipments, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.
General conditions for industrial design for protection
An industrial design shall be protected when it satisfies the following conditions:
- Being novel: An industrial design shall be considered novel if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.
- Involving an inventive step: An industrial design shall be considered involving an inventive step if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.
- Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.
The following subject matters shall not be protected as industrial designs
(a) Appearance of a product, which is dictated by the technical features of the product;
(b) Appearance of a civil or an industrial construction work;
(c) Shape of a product, which is invisible during the use of the product;
(d) Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.
Required documents
- Declaration for registration;
- Industrial design description which must contains the following contents:
- Name of the industrial design;
- Field in which the industrial design is used;
- The most similar industrial design;
- List of photos or drawings;
- Detailed description of the industrial design;
- Coverage of protection (or claim for protection) of the industrial design].
- Sets of photos or sets of drawings of an industrial design.
- Power of attorney (in case the request is filed through a representative);
From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
- An industrial design registration application shall have its formality examination within 01 month from the filing date;
- Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
- An industrial property registration application shall be substantively examined within 07 months from the date of application publication.
Renewal of validity of protection titles
Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.
To have the validity of his/ her industrial design protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
Our services
- Evaluate the ability to register and use of Industrial Designs.
- Searching information about registering and using of Industrial Designs.
- Filing applications and carry out the legal procedures for registering Industrial Designs.
- Provide advice and carry out procedures for recording the assignment of Industrial Design.
- Provide advice and carry out procedures for recording amendments related to Industrial Design, such as: the name and address of the applicant.
- Provide advice and carry out legal procedures for recording amendments related to the Certificate of Protection based on the transfer of ownership rights, company mergers; record changes in the name or address of the certificate holder.
- Maintain the validity of the Industrial Design registration.
March Intellectual Property JSC.
18/6 Doi Nhan street, Vinh Phuc ward, Ba Dinh district, Hanoi, Vietnam
info@march.vn
WhatsApp: +84 934 524 924
WeChat: tule_84934524924