Industrial Design Registration for Construction Materials in Vietnam

In the construction industry, the factors of design, shape, and structure of products play a crucial role, not only for aesthetics but also for enhancing the competitiveness and commercial value of enterprises. Construction products such as materials, equipment, architectural details, fixed furniture, and construction tools often possess prominent features in appearance, which need to be protected as industrial design registration for construction materials in Vietnam. Registering an industrial design Vietnam allows businesses to exclusively exploit, prevent unauthorized copying, and create advantages in cooperation, franchising, or technology transfer. In Vietnam, the registration procedure is carried out in accordance with the Law on Intellectual Property 2022 and guiding documents.

What is an industrial design in the construction industry?

According to Clause 13, Article 4 of the Law on Intellectual Property:

“Industrial design is the external appearance of a product or a part for assembly into a complex product, represented by shapes, lines, colors, or a combination of these elements and visible during the exploitation of the utility of the product or complex product.”

In the construction industry, industrial design is often expressed through:

• Construction materials with special shapes (bricks, tiles, artificial stones, panels…).
• Components and assembly details (doors, windows, frames, railings…).
• Project equipment (scaffolding, columns, lighting, staircase handrails…).
• Furniture attached to the project (sinks, toilets, armrests…).
• Tools and construction equipment (drills, measuring devices, concrete mixers…).

Product Classification Groups in the Locarno Classification

When filing an application for industrial design registration for construction materials in Vietnam, products must be categorized into groups and classes according to the Locarno Classification (applied in Vietnam). For the construction sector, products typically fall into the following groups:

Product Classification Groups in the Locarno Classification

Group 23 – Equipment for distribution of liquids and gases, sanitary, heating, ventilation and air-conditioning equipment, solid fuel

• 23-01: Fluid and gas distribution equipment (faucets, pipes, connectors, fire hydrants, etc.).
• 23-02: Sanitary equipment (toilets, sinks, showers, saunas, etc.).
• 23-03: Heating equipment (water heaters, fireplaces, combustion devices).
• 23-04: Ventilation and air-conditioning equipment (fans, air conditioners, air ducts).
• 23-05: Solid fuel (combustion equipment, furnaces, construction waste treatment systems).

Group 25 – Building units and construction elements

• 25-01: Construction materials (bricks, tiles, stone, panels, construction glass…).
• 25-02: Prefabricated construction components (doors, windows, partitions, fences, domes, ceilings…).
• 25-03: Houses, garages, other construction works.
• 25-04: Steps, ladders, scaffolding.
• 25-99: Others (ornamental ponds, auxiliary work components).

Group 26 – Lighting apparatus

• 26-03: Public lighting equipment (street lights, floodlights, outdoor lights).
• 26-05: Wall lamps, ceiling lamps, chandeliers, project lamps.
• 26-06: Lighting equipment for vehicles and transport works.

Group 08 – Tools and hardware

• 08-01: Tools and equipment for drilling, milling, digging, plowing.
• 08-02: Hammers and other similar tools.
• 08-03: Cutting tools and equipment.
• 08-05: Other tools and equipment.
• 08-06: Handles, doorknobs, hinges.
• 08-07: Locks, latches, and hooks.
• 08-08: Fastening, clamping, and assembly tools not elsewhere classified.

Group 15 – Machines not elsewhere specified

• 15-04: Construction machinery.

Protection Conditions for Construction Industrial Designs

An industrial design is only protected when it meets three conditions (Article 63 of the Law on Intellectual Property):

• Novelty: An industrial design is considered new if it differs significantly from those publicly disclosed by use, written description, or any other form in the country or abroad before the filing date or priority date.
• Creativity: An industrial design is considered creative if it cannot be easily created by a person with average knowledge in the corresponding field based on designs publicly disclosed before the filing or priority date. This ensures a unique building product design that stands out from existing solutions.
• Industrial applicability: An industrial design is considered to have industrial applicability if it can be used as a model for the mass production of products with that external appearance by industrial or manual methods.

In case multiple applications are filed for identical or not significantly different industrial designs, the protection title shall only be granted to the valid application with the earliest priority or filing date. If they share the same earliest date, the title is granted to only one application based on an agreement between all applicants; otherwise, the applications will be refused.

Dossier for industrial design registration for construction materials in Vietnam

• Declaration for registration of industrial design, typed according to Form No. 07, Appendix I of Decree 65/2023/NĐ-CP.
• 01 Description of the industrial design, which must include:
  • Name of the industrial design;
  • Field of use;
  • Closest similar industrial design;
  • List of photos or drawings;
  • Detailed description;
  • Claims for protection.
• 04 Sets of photos/drawings of the industrial design.
• Proof of payment of fees and charges.
• Power of Attorney (if filed through an industrial property representation service organization).
• Documents proving the right to register (if inherited/transferred from another person).
• Documents proving priority rights (if any).

Registration Process in the Construction Industry

Registration Process in the Construction Industry

Step 1: Receiving the application

• Online filing: The applicant needs a digital certificate and an account approved by the National Office of Intellectual Property (NOIP).
• Online procedure:
  • Declare and submit the application via the NOIP online system at https://dichvucong.ipvietnam.gov.vn/
  • After submission, the system issues a Document Submission Confirmation.
  • Within 1 month, the applicant must visit the NOIP receipt point to present the confirmation, submit documents, and pay the state fees.

Step 2: Formality examination

The National Office of Intellectual Property (NOIP) checks the compliance with formal requirements to conclude whether the application is valid.

• If valid, a decision to accept the valid application is issued.
• If invalid, a notice of intended refusal is issued, providing 2 months for the applicant to correct errors or provide feedback.

Step 3: Publication of the application

After the decision to accept a valid application, it will be published in the Industrial Property Gazette.

Step 4: Substantive examination

This stage involves evaluating the protection capability based on novelty, creativity, and industrial applicability to determine the scope of protection. This step is vital for obtaining a construction material patent that provides legal security for the manufacturer.

Step 5: Decision to grant/refuse the protection title

• If the requirements are not met, a refusal decision is issued.
• If the requirements are met and the applicant pays full fees on time, a protection title is granted, recorded in the National Register of Industrial Designs, and published.

Benefits of Industrial Design Registration

In the construction field, products such as materials, interior-exterior equipment, and architectural modules often have high aesthetic value. An industrial design Vietnam registration helps enterprises protect their legal rights and affirm their brand position.

Outstanding benefits:

• 🏗️ Protects intellectual property rights for unique designs of a building product design.
• 💰 Increases commercial value and supports brand promotion.
• 📈 Creates a competitive advantage in bidding and construction contracts.
• ⚖️ Serves as a firm legal basis for handling intellectual property infringements.
• 💼 Creates intangible assets for capital contribution, transfer, or franchising.

Support Services from Viet An Law Firm

Preparing a dossier for a construction material patent requires specialized knowledge of intellectual property law and technical drawing. With professional experience, Viet An Law Firm provides comprehensive services:

• Consulting on protection strategies for each product type.
• Preliminary and in-depth searches for protection capability.
• Drafting dossiers, descriptions, and illustrations.
• Filing and monitoring progress at the NOIP.
• Assisting with appeals, amendments, or handling refusals.
• Representing the client in resolving disputes and infringements.

Commitment from Viet An Law Firm:

• Support for quick and accurate searching and filing.
• Legal representation working directly with the NOIP.
• Absolute confidentiality of the client’s design information.
• Transparent costs and maximum efficiency for all business scales.

The above is the advice of Viet An Law Firm regarding industrial design registration. If you have any questions, please contact us for timely support.