FAQs

Design successfully granted in foreign country(ies) will be advantageous for examination process in Vietnam. However, the applicant should also notes that:

– Your design application needs to be claimed for priority rights. The limited time for claiming priority rights is 06 months as from the first filing date under Paris convention;

– Design has been granted in other countries will be a good reference resources in substantive examination. In this period, the applicant should submit one’s certificate (if any) to NOIP in order to shorten the examination time and raise a higher chance of granting;

– Examination results in developed countries such as Europe, America are often highly valued.

Please be advised that the time limit to filing response to Notice of refusal of industrial design application in Vietnam is 02 months as from the signing date of Notice of refusal. Incase the design application need more time to prepare the documents, the application could file a request to extend for a period of 02 months. At any time before the issuance of final Decision, the applicant has the right to supply evidences as well as any other relating documents for their industrial design application in Vietnam.

It is recommended that a temporary response should be submitted as soon as possible in case the applicant is not able to provide a thorough reply, followed by a fully response in 10-15 days later. At any time before the issuance of final Decision, the applicant has the right to supply evidences as well as any other relating documents.

In Vietnam, any technical solution (in forms of articles, materials, or processes) that is new, inventive, and industrially applicable.

Vietnamese application, foreign individuals permanently residing in Vietnam and foreign organizations or individuals having production or business establishments in Vietnam shall file a patent application in Vietnam, directly to the National Office of Intellectual Property of Vietnam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a patent through a lawful representative in Viet Nam.

The application for a patent in Vietnam must consist of the following documents:

a)  A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);

b)  Documents, samples, information identifying the invention/utility solution claimed for protection as provided for in Articles 102 of the IP Law 2005 of Viet Nam (e.g. a request, a description of the invention, an abstract, and other requirements for inventions in the field of biotechnologies, pharmaceuticals, generic resources and traditional knowledge);

c)  Power of attorneys, if the application is filed through a representative;

d)  Documents evidencing the right to registration, if acquired by the applicant from another person;

e)   Documents evidencing the priority right in case the application is filed under the Paris Convention, if claimed e.g. certified true copy of priority document and Deed of Assignment);

f)   Receipt of fees and charges.

All documents of the application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but must be translated into Vietnamese at the request of the National Office of Intellectual Property of Vietnam (NOIP).