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Industrial design plays a crucial role in helping businesses gain a competitive advantage in the market through the distinctive appearance of their products. In Vietnam, to be eligible for protection, an industrial design must meet three key conditions: novelty, creativity, and industrial applicability.
These criteria ensure that only truly unique designs, which do not duplicate previously disclosed industrial designs and can be mass-produced, are granted protection. Understanding these conditions will help businesses and designers effectively safeguard their intellectual property.
General Conditions for Protecting Industrial Designs
An industrial design is eligible for protection if it meets the following conditions:
- Novelty;
- Creativity;
- Industrial applicability.
Objects Not Eligible for Protection as Industrial Designs
The following objects are not eligible for protection as industrial designs:
- The external appearance of a product that is determined solely by the product’s technical characteristics;
- The external appearance of civil or industrial construction works;
- The shape of a product that is not visible during its use.
Novelty of Industrial Designs
- An industrial design is considered novel if it significantly differs from industrial designs that have been publicly disclosed in any form—through use, written descriptions, or any other means—domestically or internationally before the filing date or the priority date (if the application enjoys priority rights).
- Two industrial designs are not considered significantly different if their distinguishing features are not easily recognizable, memorable, or insufficient to differentiate the designs as a whole.
- An industrial design is deemed undisclosed if only a limited number of individuals have knowledge of it and are obligated to maintain its confidentiality.
- An industrial design is not considered to have lost its novelty if it has been disclosed under the following circumstances, provided that the application for industrial design registration is filed within six months from the date of disclosure:
a) The industrial design was disclosed by another party without the consent of the registrant as stipulated in Articles 86 and 86a of the Vietnamese Intellectual Property Law;
b) The industrial design was disclosed in a scientific report by the registrant as stipulated in Articles 86 and 86a of the Vietnamese Intellectual Property Law;
c) The industrial design was exhibited at a national exhibition in Vietnam or an officially recognized international exhibition by the registrant as stipulated in Articles 86 and 86a of the Vietnamese Intellectual Property Law.
Creativity of Industrial Designs
An industrial design is considered creative if, based on publicly disclosed industrial designs—through use, written descriptions, or any other means—domestically or internationally before the filing date or the priority date (if applicable), it is not easily created by a person with average knowledge in the relevant field.
Industrial Applicability of Industrial Designs
Similar to condition of protection of patent in Vietnam, an industrial design is considered to have industrial applicability if it can be used as a model for mass production of products with the same external appearance using industrial or handicraft methods.
*** You can also find Comprehensive guide to industrial design protection in Vietnam: learn the legal conditions, filing procedures, and how to register a design patent in Vietnam in 2025 here.
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