Design

ELITE:

02 application for registration of industrial design, (form);

01 Description of the industrial design (including all prescribed contents);

04 sets of photos/drawings of industrial design, each set includes 07 photos (taken/drawn according to regulations);

Proof of payment of application fees (the normal filing fee for 1 design option with 07 images is VND 1,735,000;

Power of Attorney (form) - if the industrial property registration application is filed through an industrial property agency such as ELITE LAW FIRM

Documents evidencing the priority right (if the industrial design application contains a claim for enjoying the priority right).

Note: To ensure complete information storage, customers should prepare 02 dossiers of application for industrial design patents, 01 set to be submitted to NOIP, and 01 set for customers to keep.

ELITE: The procedure for registration of industrial design protection at the National Office of Intellectual Property of Vietnam (NOIP) according to regulations needs to go through several steps, including filing an application, formal examination of the application, publication of the application, substantive examination of the application, making a decision on grant a protection title, paying the licensing fee and the NOIP granting an industrial design patent for a registration application that meets the protection requirements. Accordingly, the total time to carry out the procedures for industrial design registration according to the provisions of the current Vietnam Intellectual Property Law is 11 months.

ELITE: According to Vietnamese regulations, an industrial design patent can only be established based on the decision to grant a protection title of the National Office of Intellectual Property of Vietnam, address: 384-386, Nguyen Trai Str., Thanh Xuan., Hanoi, Vietnam.

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Patent for an industrial design application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date. The time limit for resolving a second-time Appeal must not exceed 45 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving may be prolonged, but must not exceed 60 days from the acceptance date.

ELITE: Required documents of an appeal against a Decision on the refusal of granting a Patent for an industrial design application are as follows: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Patent for an Industrial Design Application.; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Patent for an Industrial Design Application from the NOIP.

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Patent for an industrial design application is to protect the Applicant’s legitimate rights and interests under the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for an Industrial Design of the Appellant.

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Patent for an industrial design application means that a design applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.