Industrial Design Search in Vietnam: Evaluating Registrability

Novelty and creativity are the two core conditions that determine whether an industrial design is granted a protection title by the State. To avoid an application being refused for overlapping with previously published designs, an industrial design search in Vietnam to evaluate design registrability is a preliminary step that every creator and enterprise should take before industrial design registration in Vietnam. In the article below, Viet An Law Firm will provide detailed guidance on the search process and on the criteria for assessing protectability accurately.

Why is an industrial design search necessary before filing in Vietnam?

Under Clause 13, Article 4 of the Law on Intellectual Property 2005 (amended by Law No. 131/2025/QH15, effective from April 1, 2026), an industrial design is the external appearance of a product or of a component to be assembled into a complex product, expressed in shapes, lines, colors or a combination of these elements, and visible during the exploitation of the utility of the product or the complex product.

An industrial design search is not a mandatory procedure for filing a registration application. However, it is a step of great practical significance for the applicant.

Evaluate design registrability

The most important objective of a prior art search for industrial design is to find designs that were publicly disclosed earlier in order to make a preliminary assessment of whether the design intended for registration satisfies the protection conditions.

If a design with a substantially similar appearance is found to have been published before the filing date, the applicant may consider adjusting the design before carrying out the registration procedure.

Limiting the risk of infringing the rights of others

Registering a design does not mean that the enterprise is entirely free from the risk of infringing the rights of other entities.

For example, an enterprise may design a product itself, yet that design may be similar to a protected industrial design of another enterprise. Conducting a search in advance helps the entity identify rights already existing on the market and adopt appropriate solutions.

Saving time and costs

Without a search, an enterprise may invest considerably in designing, trial production, promotion and brand building for a product, only to later discover that the design risks failing to meet the protection conditions.

An early search helps detect risks right from the product research and development stage.

Finding ideas for further creation

The industrial design database is also a useful source of information for product research and development. Enterprises may study design trends, identify common design features and look for new development directions.

However, such reference must be made within the limits of intellectual property law, avoiding copying or imitating designs under protection.

Monitoring the activities of competitors

Searching industrial design data can help enterprises monitor the applications and protection titles of competitors, thereby identifying product development trends, target markets and the protection strategies of competitors.

Supporting assignment and licensing activities

Where an enterprise wishes to trade, assign or license the use of an industrial design, search information helps determine the legal status of the design, the right holder and other related information before entering into a contract.

Methods of industrial design search in Vietnam

At present, entities in need may choose from various methods to conduct an industrial design patent search.

Searching on the database of the National Office of Intellectual Property

This is an important data source for searching applications and industrial designs already protected in Vietnam.

The National Office of Intellectual Property (NOIP) has deployed a Digital Library on Industrial Property on the WIPO Publish platform at: http://wipopublish.ipvietnam.gov.vn

According to the guidance of the National Office of Intellectual Property, users may conduct searches by information fields such as the application number, the name and the applicant, and may also use other search fields in advanced search mode.

When searching, it is advisable to combine multiple search methods rather than using a single keyword. For example, searches may be conducted by:

• Product name;
• Applicant name;
• Application number;
• Protection title number;
• Vietnamese keywords;
• English keywords;
• Product group;
• Industrial design classification.

The National Office of Intellectual Property has also introduced a number of domestic and international databases serving the search for industrial design information.

Searching industrial designs on WIPO

For enterprises with international business activities, searching data in Vietnam alone may not be sufficient. In that case, the Global Design Database of the World Intellectual Property Organization (WIPO) may be used.

This database supports searching many industrial designs registered or published under the international registration system, which is particularly meaningful for enterprises that are registering or intend to register designs in multiple countries.

An international search helps the applicant detect similar designs published abroad. This is especially important because the assessment of the novelty of an industrial design is not limited to information that has appeared in Vietnam.

Searching industrial designs on ASEAN DesignView

ASEAN DesignView is a useful data source for searching industrial designs in Southeast Asia.

For Vietnamese enterprises expanding into ASEAN countries, checking data in this region helps identify designs that have been registered or published in the relevant markets.

Searching on DesignView and foreign databases

In addition to WIPO and ASEAN DesignView, applicants may refer to the databases of the EUIPO and of the intellectual property offices of individual countries.

This method is particularly suitable for enterprises that plan to:

• Export products;
• Register designs in multiple countries;
• Do business on international e-commerce platforms;
• Franchise or license the use of designs abroad.

The National Office of Intellectual Property has also introduced free databases such as ASEAN DesignView and the Global Design Database for search purposes.

Searching through an industrial property representative organization

For designs of high commercial value or complex designs, the applicant may use the in-depth search services of an industrial property representative organization.

The advantage of this method lies not only in data retrieval but also in the ability to analyze the cited results.

An in-depth search result usually needs to answer questions such as:

• Which cited design has a high degree of similarity?
• When was the cited design publicly disclosed?
• Which design features are similar?
• Which features create the differences?
• Is the citation likely to affect novelty or creativity?
• Should the design be amended before filing the application?

How to conduct an online industrial design patent search in Vietnam

Step 1: Accurately identify the product to be searched

First, the product bearing the design intended for registration must be identified.

One should not rely solely on the commercial name of the product; it is necessary to determine which external appearance is being claimed for protection. For example, for an electronic device, the applicant must determine whether protection is sought for the shape of the entire device or of a particular component.

Step 2: Identify the design features

The design intended for registration must be analyzed into the following elements:

• Shapes;
• Lines;
• Colors;
• Combinations of these elements;
• Design features recognizable by the eye.

This is the basis for determining what to look for in the database.

Step 3: Determine the Locarno classification

The Locarno Classification, which governs industrial design classification in Vietnam, helps identify the product group and broaden the scope of the search.

Searching by classification helps avoid a search that is too narrow simply because the applicant uses one specific product name.

Step 4: Search by keyword

Several groups of keywords may be used:

• Product names in Vietnamese;
• Product names in English;
• Alternative names of the product;
• Keywords describing the product;
• Applicant name;
• Enterprise name;
• Product group;
• Keywords describing design features.

For example, when searching for a chair design, one should not use only the Vietnamese word for chair but may extend the search to “chair”, “seat”, “furniture” and related terms.

Step 5: Compare images and drawings

Two products with different names may still have similar appearances. Conversely, two products with the same name but significantly different external appearances may not constitute a relevant citation.

Therefore, after searching, each result should be opened and compared in terms of:

• Shapes;
• Lines;
• Proportions;
• Structure;
• Arrangement of components;
• Colors;
• Overall appearance;
• Basic design features.

Step 6: Record the cited designs

Search results should be tabulated for convenient analysis:

Comparison of design search methods in Vietnam

Industrial design search in Vietnam: services of Viet An Law Firm

Searching industrial designs is not merely a matter of looking for a product name or similar images in a database. To evaluate registrability, it is necessary to correctly determine the product group under the Locarno Classification, to find cited designs in Vietnam and abroad, and to analyze the degree of similarity and difference between design features.

Viet An Law Firm provides design search services in Vietnam and internationally, assisting individuals and enterprises in assessing protectability before filing a registration application.

The design search services of Viet An Law Firm include:

• Preliminary advice on the subject matter intended for industrial design registration;
• Determining the product and the scope of the design to be searched;
• Industrial design classification in Vietnam under the Locarno International Classification;
• Searching industrial designs already filed or protected in Vietnam;
• Searching on the WIPO Publish database of the National Office of Intellectual Property;
• Searching international designs on the Global Design Database of WIPO;
• Searching on ASEAN DesignView, DesignView and other suitable international databases;
• Finding designs with a significant degree of similarity to the design intended for registration;
• Analyzing shapes, lines, proportions, the arrangement of components and basic design features;
• Comparing filing dates, priority dates, publication dates and the legal status of cited designs;
• Preliminary assessment of the novelty and creativity of the design intended for registration;
• Assessing risks where the design has features close to designs already published or protected;
• Preparing a search result report and providing advisory opinions;
• Advising on amending or refining the design before filing where a citation with a high degree of similarity is found;
• Advising on the choice of the scope of protection and on how to present the design in the registration dossier;
• Advising on and carrying out industrial design registration procedures in Vietnam;
• Advising on international industrial design registration under the Hague System where clients wish to obtain protection in multiple countries.

Preliminary design search

A preliminary search is suitable for clients who need an initial check on the status of a design before deciding to carry out an in-depth search or to file a registration application. Viet An Law Firm searches for related designs based on the product name, the applicant, the Locarno classification and other appropriate criteria.

In-depth search to assess industrial design registration

For designs of high commercial value or where many similar products are on the market, Viet An Law Firm recommends conducting an in-depth search.

Search results not only identify cited designs but also analyze:

• Similar design features;
• Differing design features;
• The time at which the citation was publicly disclosed;
• The extent to which the citation affects novelty;
• The possibility of affecting creativity;
• Risks that may arise during the examination of the application.

Based on the search results, Viet An Law Firm advises clients to choose an appropriate option, such as proceeding with the application, adjusting the design, changing the scope of protection sought or developing a different registration strategy.

International design search

For designs of high commercial value or where many similar products are on the market, Viet An Law Firm recommends conducting an in-depth search.

Search results not only identify cited designs but also analyze:

• Similar design features;
• Differing design features;
• The time at which the citation was publicly disclosed;
• The extent to which the citation affects novelty;
• The possibility of affecting creativity;
• Risks that may arise during the examination of the application.

Based on the search results, Viet An Law Firm advises clients to choose an appropriate option, such as proceeding with the application, adjusting the design, changing the scope of protection sought or developing a different registration strategy.

Notes when conducting a prior art search for industrial design in Vietnam

Under Article 63 of the Law on Intellectual Property, an industrial design is protected if it satisfies novelty, creativity and industrial applicability. A search is only truly valuable when the search results are placed in relation to the protection conditions, in which the following should be noted:

• Do not search by product name alone: the name is only one of many search criteria. Two products with different names may still have similar designs.
• Combine Vietnamese and English keywords: many international databases use English or specialized terms. Searching in Vietnamese only may omit data.
• Pay attention to the Locarno classification: searching by product group helps broaden and systematize the scope of the search.
• Check the date of publication: a design published after the filing date may have a different significance from a design already publicly disclosed earlier. The publication date is therefore information that cannot be overlooked.
• Search both Vietnam and abroad where necessary: for enterprises operating internationally, checking data in Vietnam alone may not be sufficient to assess risks.
• Do not confuse search results with examination results: a search only provides a basis for preliminary assessment. The competent authority still conducts examination according to the order, standards and information sources prescribed by law.
• Search before publishing the product: this is the safest solution to limit risks relating to novelty.

Frequently asked questions

Should a design be searched before or after filing the application?

In practice, a search should be conducted before filing. If a search is conducted beforehand, the applicant may encounter several situations:

• Case 1: No substantially similar design is found. The applicant may continue preparing the dossier.
• Case 2: Some similar designs exist but do not necessarily affect protectability. The applicant may carry out an in-depth assessment.
• Case 3: A design with a high degree of similarity that was publicly disclosed earlier is found. The applicant may consider amending the design or choosing another option.
• Case 4: The design has already been published by the applicant itself. The time of publication and the possibility of applying the exception to novelty under the law must be considered.

Searching in advance helps enterprises be more proactive rather than waiting until the substantive examination stage to discover risks.

What steps does industrial design registration in Vietnam involve?

The industrial design registration process basically goes through the following stages:

• Filing the application;
• Formality examination;
• Publication of the application;
• Substantive examination;
• Decision to grant or to refuse to grant a protection title.

The time limit for formality examination is in principle 01 month; the application is published within the statutory time limit and the time limit for substantive examination is normally 07 months from the date of publication of the application.

However, the actual time may be longer if requests for amendment or supplementation, notices of deficiency, oppositions or other issues arise during the processing of the application.

Can an industrial design already published on the Internet still be registered?

It can. Under Clause 4, Article 65 of the Law on Intellectual Property, as amended by Law No. 131/2025/QH15 effective from April 1, 2026, an industrial design is not considered to have lost its novelty if it is publicly disclosed by the person having the right to register or by a person who obtained the information directly or indirectly from that person, provided that the application is filed within 06 months from the date of disclosure.

However, to limit risks, the applicant should still file a registration application before publishing the design on the Internet or bringing the product to market.

When should a professional design search service be used?

Enterprises should consider using professional services in the following cases:

• The design to be registered has high commercial value;
• The product is expected to be manufactured and traded over a long period;
• The design has many features similar to products already on the market;
• The enterprise intends to register the design in multiple countries;
• An application has previously been refused or an opposition has been received;
• The enterprise has no in-house intellectual property specialists;
• There is a need to assess industrial design registration before publishing the product.