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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.
In addition to Vietnam patent, industrial design in Vietnam plays a crucial role in helping businesses gain a competitive edge through the distinctive appearance of their products. To obtain a design patent in Vietnam, an industrial design must meet specific criteria under the current intellectual property framework. This article explores the legal basis, protection conditions, and the full registration process of Vietnam industrial design to help businesses and designers safeguard their creativity effectively.
Conditions for Industrial Design Protection in Vietnam
Under Vietnamese law, an industrial design is eligible for protection if it satisfies the following conditions:
– Novelty
– Creativity
– Industrial applicability
Objects Not Eligible for Protection as Industrial Designs
The following are not eligible for protection as industrial designs in Vietnam:
– Appearance determined solely by technical functions
– Appearance of civil or industrial constructions
– Invisible shape during product use
Novelty of Industrial Designs in Vietnam
An industrial design is considered novel if it significantly differs from prior public disclosures globally before the filing or priority date. Disclosure includes usage, written descriptions, exhibitions, etc. Designs disclosed without consent, in scientific reports, or official exhibitions are still protectable if filed within six months under Article 86 and 86a of the Vietnamese IP Law.
Creativity of Industrial Designs
A design is considered creative if it is not easily created by a person of ordinary skill in the relevant field, based on existing disclosed designs.
Industrial Applicability of Industrial Designs
A design meets industrial applicability if it can serve as a model for mass production using industrial or handmade methods.
Registration Process and Timeline for Industrial Design in Vietnam
To register an industrial design in Vietnam, applicants should follow these steps:
1. Prepare application (including design drawings, description, and information of applicant)
2. Submit the application to the Vietnam National Office of Intellectual Property
3. Formality examination (1–2 months)
4. Publication in IP Gazette (within 2 months after formality acceptance)
5. Substantive examination (9-10 months)
6. Grant of protection title and registration
Total time: approximately 12–14 months
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
