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Vietnam – New Procedures for Patent Applications

Vietnam – New Procedures for Design Applications

VIETNAM – NEW PROCEDURES FOR DESIGN APPLICATIONS

This is to inform you of THE NEW procedures for design applications in Vietnam, which is implemented as from November 26, 2003.

Accordingly, the time frames and required documents for the design applications briefs as follows:

TIME FRAMES

Formality examination: duration of examination is 1 month from the date on which the design application is filed in due course with Vietnamese Patent Office.

Substantive examination: duration of examination is 6 months counted from the date of publication of application.

PUBLICATION

Application for registration of industrial design shall be published in the National Industrial Property Gazette in the 2^nd month of the date of Notice of the official acceptance of the application as to formality.

Within three (3) months from the granting date, Patent for industrial design shall be published in the National Industrial Property Gazette again.

FILING REQUIREMENTS

Documents required at FILING

1.  A notarized Power of Attorney (facsimile copy accepted at filing, original one must be submitted within 3 months).

General Power of Attorney is acceptable for filing various industrial designs in the name of the same applicant at the different times

2.  Description of the industrial design, comprising of:

• The name of article to which the industrial design is applied;

• The field of using articles to which the industrial design is applied;

• The less similar industrial designs already known (together with photographs of these designs)

• The differences between prior industrial designs and the industrial design to which registration is sought

• Claims stating the salient features of design to which the registration is sought 

3.  Photographs or drawings of industrial design, six (6) sets, showing front, rear, right, left, top, bottom, and perspective views preferable of the design. All are at the same scale, but the dimension of representation should not be less than 90mm x 120mm and not exceed 210mm x 297mm.

Documents filed LATE within 3 months from the date of filing

1.  If the Applicant wishes to claim a priority date for the filing of the application based on a prior application in a Convention country, a certified copy of the application filed in the Convention country is claimed.

Documents POSSIBLE to file within 1 month upon request from National Patent Office

1.  Notarized Deed of Assignment from the creator(s) to the applicant(s), if creator itself is not applicant, or a document justifying the right to apply (inheritance, employment contract, and service contract).

2.  Notarized Deed of Assignment of priority right if the applicant is not the applicant having filed the priority application.

3.  A certified copy of document certifying ownership to the trademark if the Industrial design contains a trademark.

Please contact us if you wish to have further information on patent, trademark and design in Vietnam, Laos and Cambodia.

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