Sunday, April 22, 2018
industrial design patent

In order to obtain right for industrial design in Vietnam,you must file the application for granting an industrial design patent,directly or by mail,to the National Office of Intellectual Property of Vietnam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Organizations,individuals of Vietnam,foreign individuals permanently residing in Vietnam and foreign organizations and individuals having a production or trading establishment in Vietnam may file applications for an industrial design patent either directly or through a lawful representative in Vietnam.

Foreign individuals not permanently residing in Vietnam,foreign organizations and individuals not having a production or trading establishment in Vietnam shall file applications for an industrial design patent through a lawful representative in Vietnam.

Vietnam has adopted the first-to-file system,i.e. where two or more applications are filed by many different parties for protection of the same design,the patent may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions; where there are two or more applications satisfying all the conditions and having the same earliest priority or filing date,the industrial design patent may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement,all these applications shall be refused for the grant of the industrial design patent.

Accordingly,it is advisable to file an application for an industrial design patent as soon as possible after the design was invented and not to make the design public before filing the application.

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