What Does an Industrial Design Application Dossier Include in Vietnam?

1. Legal Basis

• Law on Intellectual Property 2005, as amended in 2009, 2019, and 2022;
• Decree No. 65/2023/ND-CP dated August 23, 2023, detailing a number of articles of the IP Law on industrial property;
• Circular No. 23/2023/TT-BKHCN dated November 30, 2023, providing guidance on Decree 65/2023/ND-CP.

Vietnamese current Law on Intellectual Property

2. Components of an Industrial Design Application

According to Article 100 of the IP Law, Decree 65/2023/ND-CP, and Circular 23/2023/TT-BKHCN, an industrial design application dossier must include the following documents:

(i) Application form

• Filed using Form No. 03-ID issued with Circular 23/2023/TT-BKHCN;
• Contains information on the applicant, author(s), owner(s), the industrial design to be protected, and classification under the Locarno International Classification.

(ii) Set of photographs or drawings of the industrial design

• Must show different views: perspective, front, back, left, right, top, and bottom;
• Must clearly depict the essential design features;
• Images/drawings must meet technical standards of IP Vietnam.

(iii) Industrial design description

• Prepared in accordance with Form No. 04-ID of Circular 23/2023/TT-BKHCN;
• Includes: name of the product, field of use, principal design features, drawings/photographs attached, and the scope of protection.

(iv) Power of Attorney (if filed through an IP representative)

• Executed according to the representative’s standard form;
• When authorizing A Dong IP Law Firm, only a signed/stamped POA is required (no notarization or legalization needed).

(v) Document proving the right to file (if applicable)

• For example: assignment agreement, contract, or co-authorship agreement.

(vi) Priority documents (if claiming priority under the Paris Convention)

• Certified copy of the priority application or protection title;
• Vietnamese translation if the document is in a foreign language.

(vii) Fee payment receipt

• Filing fee, publication fee, formality examination fee, substantive examination fee, and grant fee (if protection is granted).

An example of a set of photographs

3. Notes When Preparing the Application

• All documents must be prepared in Vietnamese (with translations provided for foreign-language documents);
• It is advisable to conduct a preliminary search before filing to assess registrability;
• Consistency is required between the drawings, photographs, and the description;
• Applications may be filed directly, by post, or online via the E-filing Portal of the Intellectual Property Office of Vietnam (IP Vietnam).

Form No. 03-KDCN of Industrial design Application

4. Conclusion

A complete industrial design application dossier includes an application form, description, set of drawings/photographs, Power of Attorney (if applicable), fee receipts, and supporting documents. Preparing the dossier properly in accordance with current regulations will facilitate the examination process and improve the chance of being granted an Industrial Design Patent.

For professional advice and assistance in preparing and filing an industrial design application in Vietnam, please contact A Dong IP Law Firm.

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

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