FAQs

A design application will be published if it meets requirements as to formality. The publication will be an important data resource for all parties follow industrial property to NOIP and carefully prepared documents for opposition.

This diagram shows the timeline for filing opposition:

A third party needs to give all evidences to prove for the above mentioned legal basis, including images containing design, information resources and the issuing date of the information resources. The resources can be under the form of granted patent for design, published application in any countries or similar things. Data from internet is also considered as an evidence of disclosure of design. In many cases, applicants themselves disclosed design on their websites or marketing/trade channel. 

It is noticeable that in case where a design is disclosed without designer’s permission will not be seen as lack of novelty, which regulated at point 4, Article 65, Law on Intellectual Property.

• Requirements as to formality:

– Opposition must to be in Vietnamese written form. Any unofficial types of exchange information such as telephone, direct meeting with examiners are not recorded as official opposition.

– If a third party wishes to file an opposition through an IP agent, a Power of Attorney is compulsory.

– The opposition should provide the accurate personal contact information such as name, telephone, email or the similar things so that The National Office of Intellectual Property of Vietnam (NOIP) can conveniently get in contact with at any time.

– The third party is request to pay the regulated fees.

• Requirements as to substance of opposition application:

– Aforesaid legal basis and current basis need to be clearly presented, cohesion and coherence;

– Evaluations as well as inferences should be included to make the opposition more persuasive;

– The third party needs to guarantee and be responsible for the authenticity of the supplied information and filed documents.

According to the Article 6, Circular 01/2007/TT-BKHCN:

–  Written opinions of the third part may be sent to The National Office of Intellectual Property of Vietnam (NOIP) from the date of publication to the date prior to the issuance of protection for the industrial design.

–  The NOIP shall notify the applicant about the third parties’ opinions within 1 month after receiving opposition request. The applicant now have 1 month to give feedback in writing. The NOIP shall notify the feedback to the third party and then 1 month is given for responding.

On the basis of proofs and arguments, the NOIP shall finalize the opinions of both applicants and third parties.

– When considering opinions of the third party groundless, the NOIP is not required to notify those opinions to the applicant but shall notify the third party of its refusal to consider the opinions, clearly stating the reason for refusal.

– In case the NOIP cannot determine if the opinions of the third party are grounded or not, filing a petition with a court for handling is recommended.  Within 1 month after the NOIP’s notice, if the third party:

+ Failing to the notify the NOIP about the filing for a petition with a court is regarded as withdrawing the opposition request.

+ If the notification is sent within the time limit, the application process shall be suspended until the results of dispute settlement by the court are obtained.

• When necessary and upon the request of both parties, the NOIP shall organize face-to-face meetings between the third party and the applicant to further clarify the matter challenged by an opposition.

Please be noted that the time limit for the applicant to respond to the opposition of the third party shall not be counted into the time limit for the NOIP to carry out relevant procedures according to regulations.

Previously, when examination fee is paid at the time of filing patent application in Vietnam, the substance examination fee will be refundable if the applicant decides to withdraw the application before it enters the substance examination period.

However, from January 05, 2018, the National fees of the patent application in Vietnam will not be refunded under any circumstances in accordance with the Circular No. 16/2016/TT-BKHCN of the Ministry of Science & Technology, amending and supplementing Circular No. 01/2007/TT-BKHCN.