Industrial Design Renewal Fee in Vietnam

According to statistics from the National Office of Intellectual Property, every year in Vietnam, thousands of industrial design patents are granted. However, to be protected, the patent owner must register for an industrial design renewal. Thus, the industrial design renewal fee in Vietnam is significant for applicants. In the following article, Viet An Law will clarify the regulations on conditions, procedures, and fees for industrial design renewal according to current law.

Regulations on industrial design renewal

Pursuant to the provisions of Article 31 of Decree 65/2023/ND-CP:

• Validity of industrial design protection certificate: valid throughout Vietnam within 05 years from the date of application.
• Renewal of industrial design protection certificate: When the term expires, it can be renewed twice consecutively for 5 years each time.
• Number of options to be extended: In case the protected industrial design has many options, the Patent may be extended for all or some options, including the basic option.

Industrial design renewal fee on time

Within 01 month from the date of receiving the application for an extension by regulations, the certificate holder must pay the following state fees:

• Fee for publication of the Decision to renewal the validity of the protection certificate: 120,000 VND/certificate
• Registration fee for Renewal Decision : 120,000 VND/certificate
• Fee for examination of renewal request: 160,000 VND/certificate
• Fee for renewal of protection title of an industrial design (05 years) for each design of each good: 100,000 VND/certificate
• Fee for using protection title: for trademark (10 years) for each class of goods; for industrial design (05 years) for each option of each product: 700,000 VND/certificate.

Total estimated state state fees: VND 1,200,000/certificate/01 protection option

In case of late renewal, what additional fees do the title holder need to pay?

Under current regulations, the owner may file a renewal application later than the prescribed deadline but no later than 6 months from the date the protection certificate expires. However, a late renewal is accompanied by a late renewal fee. This fee is calculated as a percentage of the total renewal fee and increases gradually for each month of late payment (maximum of 6 months).

Late Renewal Fee = Renewal Fee + 10% Renewal Fee/ each month of late filing

For example: The renewal fee for an Industrial Design with 10 options is 1,000,000 VND. If the application for renewal is submitted 3 months late, the total late renewal fee to be paid is: 1,300,000 VND

Deadline for payment of industrial design renewal fee in Vietnam

• Within 06 months before the date of expiration of the protection certificate, the certificate owner must apply for an extension of the validity of the industrial design protection certificate to the National Office of Intellectual Property.
• The renewal application may be submitted later than the above deadline, however, the late submission deadline must not exceed 06 months from the date the Industrial Design protection title expires and an additional late renewal fee must be paid.

Industrial design registration renewal procedures in Vietnam

Step 1: Prepare application for renewal of industrial design patent.

The file includes the following documents:

• Declaration for extension/maintenance of validity of industrial property protection certificate according to Form No. 07 in Appendix II of Decree No. 65/2023/ND-CP (Original)
• Original Industrial Design Patent, Trademark Registration Certificate (in case the protection certificate is issued in paper form and there is a request to record the extension in the protection certificate)
• Power of Attorney for Viet An IP Representative Firm (if applying for a representative)
• Documents for payment of state fees (in case of payment of state fees via postal service or directly into the account of the National Office of Intellectual Property).

Step 2: Apply for renewal of industrial design protection title

• Applications for extension of industrial design validity are submitted at the headquarters of the National Office of Intellectual Property in Hanoi, Da Nang, and Ho Chi Minh City.
• Applications can be submitted in person or by post.

Step 3: Processing of application for renewal of industrial design patent protection title

In case the application has no errors, the National Office of Intellectual Property shall issue a decision to extend, record it in the Protection Title (if requested), register it, and publish it in the Industrial Property Gazette within 60 days from the date of decision;

In case the application is defective or invalid, the National Office of Intellectual Property will issue a notice of intended refusal to extend the validity of the protection certificate, stating the reasons and setting a deadline of 02 months for the applicant to correct the defects or to make an objection. If the applicant fails to correct the defects or corrects the defects unsatisfactorily, does not make an objection, or the objection is unreasonable, the National Office of Intellectual Property will issue a decision to refuse to extend the validity of the protection certificate.

Processing time for extension application: 60 days

The meaning of industrial design renewal

Industrial design registration renewal is important for the owner such as:

• The right to use and prohibit others from using the registered industrial design. In particular, a protected industrial design can create additional income for the enterprise through the collection of fees for the transfer of the right to use the industrial design or through the transfer of the registered design.
• The only legal basis to confirm the ownership of industrial designs in Vietnam is the industrial design exclusive certificate.
• It is the basis for building a corporate identity system because industrial design is an important factor that helps Clients distinguish between the goods of one enterprise and other enterprises, and can increase the commercial value of the enterprise and its goods.

Consequences of late payment of state fees

Late payment of industrial design renewal fees can lead to many serious consequences as follows:

• An industrial design patent can expire and anyone can use the design without permission. This causes great damage to businesses, especially those that are using the design to create a competitive advantage in the market.
• Penalties are payable, which are usually calculated as a percentage of the unpaid fee amount and may increase depending on the length of the delay.
• Priority may be forfeited for later filed industrial design applications with earlier priority dates.

Above is all the information about the industrial design renewal fee in Vietnam of Viet An Law Firm. Clients who need to use the service of renewing exclusive industrial design rights, please contact Viet An Law for the fastest support!

Updated: 9/2024