Industrial design registration form August 24, 2023

Decree 65/2023/ND-CP, newly issued and effective on August 23, 2023, has replaced many regulations on the protection and enforcement of industrial property rights under the Intellectual Property Law amended in 2022. In particular, the Industrial Design Registration Form from August 24, 2023, is also replaced with updates that will be described by Viet An Law in the following article.

New points to note in the industrial design registration application according to the new form

Update applicant information

In the new declaration form, the person with the right to declare and submit the application is called the Applicant instead of the Application Owner as before.

The new application form also adds information about documents verifying the applicant’s identity in the case of an individual: citizen identification number.

Regulations on the form of Industrial Design Registration Certificate

Unlike the old application form, which separated the selection for issuance of the Industrial Design Registration Certificate into a section “Application conversion” on the second page of the declaration, the new application form is integrated right into the first section of the application form. Accordingly, when the applicant fills out the declaration form, he or she must pay attention to ticking the form for considering the application and granting the degree according to his or her request, avoiding forgetting this box.

Regarding the form of patent, at the same time Decree 65/2023/ND-CP supplements regulations on the issuance of Industrial Design Registration Certificates (also known as Industrial Design Protection Certificates) in electronic or paper form.

For applications to establish rights submitted from August 23, 2023 (the effective date of Decree 65/2023/ND-CP), the provisions of this Decree must apply, accordingly, the Certificate of Paper protection is only granted in case the applicant selects that request in the Industrial Design Registration Declaration according to the new form (stipulated in Article 29.1 of Decree 65/2023/ND-CP).

More information about the state’s right to register industrial designs

In case an invention is the result of a scientific and technological task using state budget, the information that needs to be declared includes:

• Name of the agency managing science and technology tasks.
• Name of science and technology mission.
• Science and technology task code.

More information about the field of industrial design use

This is the new content of the industrial design registration application from August 24, 2023, with many similarities with patent registration. Because of the nature of industrial designs, it is also necessary to determine the scope of protection based on its industrial applicability. In fact, many systems in the world (such as Thailand and the USA) have grouped regulations on industrial design registration protection in the context of patent protection (in the form of design patents).

Accordingly, the field of industrial design use is the specific field of use of a product with an industrial design, clearly stating the purpose of use, uses, and functions of that product.

Late publication of industrial design registration application

According to the new application form, an industrial design registration application can be published later than the current time limit (02 months from the date of the Notice of Acceptance of a valid application). However, this extension period must not exceed 7 months from the date of application. Therefore, if the applicant requests, he or she should mark this section in the application and clearly state which month the late publication is (from the date of application).

Notes on industrial design classification

The applicant needs to record each group sequentially according to the International Classification of Industrial Designs under the Locarno Agreement (Locarno Classification). Currently, the Vietnamese National Office of Intellectual Property is using the 8th version of Locarno.

Correct classification of an industrial design is very important because it constitutes the scope of protection of that industrial design. If the applicant does not self-classify or classifies incorrectly, the state management agency for industrial property rights will do this and the applicant must pay a classification fee according to regulations. The current fee schedule specified in Circular 263/2016/TT-BTC is 100,000 VND for each industrial design subgroup.

Therefore, in case the applicant does not know how to search or does not have experience in searching, the applicant should ask industrial property representative organizations for advice and representation to submit the application. This grouping is often done right from the preliminary step of searching the industrial design before filing the application, this is an important step to determine the ability of the industrial design to be successfully registered for protection. Skipping the preliminary search step may cause the applicant to be unable to determine whether the industrial design meets the protection conditions or not, leading to the patent not being granted, and wasting time and money of the applicant.

General requirements for the form of documents accompanying the application form

According to the provisions of Decree 65/2023/ND-CP:

• All documents must be presented vertically, in Times New Roman font no smaller than size 13, with each margin 2cm wide.
• Page numbering of all documents is based on Arabic numerals.
• Contiguous stamps are required if there are 2 or more pages in case the applicant or the applicant’s representative is a legal entity.

Industrial design registration declaration form from August 24, 2023

Necessary documents for industrial design registration

Industrial design registration dossier

• The industrial design registration declaration is made according to the form issued by the National Office of Intellectual Property.
• A set of photos or drawings of the industrial design that fully shows the perspectives of the object that needs to be registered for protection of the industrial design;
• Description of industrial design;
• In case the design contains trademark signs: the applicant needs to submit documents confirming trademark ownership. Specifically: Document confirming the right to file a legal trademark application, if the applicant inherits the filing rights of another person (Certificate of inheritance rights; Certificate or Agreement to transfer the right to apply for registration) trademark; Job assignment contract or Labor contract);
• In case of an industrial design registration application requesting priority rights, it is necessary to provide an additional copy of the first application or certification document displayed at the exhibition, if the application requires priority rights under an international treaty. (01 copy). Priority rights only apply to industrial design registration applications of foreign organizations and individuals in Vietnam;
• Power of attorney (according to the form of Viet An Law);

Industrial design registration process

Step 1: Prepare industrial designs and classify industrial designs.

Step 2: Research industrial designs.

Step 3: Submit an application for industrial design registration.

Step 4: Formality examination of the industrial design registration application.

Step 5: Publication of the industrial design registration application.

Step 6: Substantive examination of the industrial design registration application.

Step 7: Grant Industrial Design Registration Certificate.

Procedure time

In-depth search before registration (if any): 02 – 07 days

Registering for industrial design protection at the National Office of Intellectual Property: 15 – 20 months.

Term of industrial design protection

In Vietnam, industrial designs are protected for 5 years from the date of application. And can be extended up to 2 times.

Industrial design registration service of Viet An Industrial Property Law Firm – Representative

• Look up industrial designs in Vietnam and abroad;
• Consulting, evaluating usability, and registering for protection of industrial designs in Vietnam and abroad;
• Completing dossiers for granting protection titles and extending industrial design protection titles in Vietnam and abroad;
• Research and evaluate the possibility of violating protected industrial design rights;
• Enforce protected industrial design rights under the authorization of the owner;

Above are some updated contents related to the Industrial Design Registration form from August 24, 2023. If you need to register an industrial design, please contact Viet An Law for the best support.