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Filing requirements

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Filing requirements for Design applications in Vietnam

1. Figures/photos
  • For a normal industrial design application, it must comprise all the seven basic views.
  • Broken lines to show partial designs are not accepted. Lines must be clean and sharp. The background color of the photos must be homogeneous and relatively contrastive with the color of the design. The scales of orthogonal views must be the same.
  • If in a set of figures/photos, a view is the same as or symmetrical to another view, the set may comprise only one of the two views.
  • It is possible to omit a bottom view of a product with a large size and weight. Similarly, it is possible to omit one or more of the seven views above if the omitted views would show very thin depths of the product.
  • For a design of an article which is a part of an integrated product, if the design is complex, Vietnamese examiners may require a figure/photo which shows the article within the product to illustrate where it is installed and used.
  • In certain cases, the set needs to comprise figures/photos which are to clarify the design, such as enlarged views, sectional views, expanded views, and so on.
  • 2D designs are also patentable.
2. Locarno (13th edition) classification
  • Classification symbols (subclasses) of symbols (subclasses) of the design are required to be indicated in an application form which must be filed at the time of filing the application. If no symbol is indicated or incorrect symbols are indicated in the application form, the Intellectual Property Office of Vietnam (IPVN) will classify the design and charge a fee.
  • Vietnam use the Locarno classification 13th edition from 1 January 2022.
3. Name, address, and nationality of inventor; name and address of applicant; and filing date, receiving state, and number of priority application (if claming priority)
  • These data must be designated in the application form.
4. Power of attorney
  • The IPVN requires an original power of attorney or a copy of a general power of attorney. The IPVN requires an original power of attorney (POA) or a copy of a general POA. There is no fixed deadline for the submission of a POA. When examining as to formalities for an application without a POA, the IPVN would issue an office action requiring the submission of a POA within two months from the date of the office action (with the possibility of extending the deadline once for an additional two months). The applicant should proactively submits the POA, preferably at the time of filing the application and latest at the time of submitting the priority document (if any) to avoid the office action.
5. Priority document (if claiming priority)
  • The non-extendable deadline for submitting the priority document is three months from the filing date.
  • The IPVN also requires a Vietnamese translation of its cover sheets to determine the applicant of the priority application
  • If the applicant of the priority application is not the applicant of the Vietnamese application, it is required to submit an additional document such as an assignment to prove that the applicant of the Vietnamese application has the right to claim the priority.
6. Design specification
  • A design specification is a required document. There are some regulations on the specification such as listing the characteristic features of the design.