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- Step 1: Preliminary search and advice on the possibility of industrial design (ID) registration and related costs
- Step 2: Consulting after searching, writing the ID description;
- Step 3: Preparing application
- Step 4: Filing at NOIP
- Step 5: Notifying formality exam result
- Step 6: Notifying substantative exam result
- Step 7: Granting Fee payment
- Step 8: Renewal notification (by both automatic softare and manual)
REGISTRATION PROCEDURE FOR INDUSTRIAL DESIGNS
1. Minimum documents
- 02 Declaration for registration
- 01 copy of the industrial design description; [a description of the industrial design description must satisfy the general requirements] and must be contains the following contents:
+ Name of the industrial design;
+ Field in which the industrial design is used;
+ The most similar industrial design;
+ List of photos or drawings;
+ Detailed description of the industrial design;
+ Coverage of protection (or claim for protection) of the industrial design.
+ Field in which the industrial design is used;
+ The most similar industrial design;
+ List of photos or drawings;
+ Detailed description of the industrial design;
+ Coverage of protection (or claim for protection) of the industrial design.
- 04 sets of photos or 04 sets of drawings of an industrial design.
- Fee and charge receipts.
- Power of attorney (in case the request is filed through a representative);
2. Other documents (if any)
- Paper on assignment of the right to file an application (if any);
- Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
- Documents evidencing the right of priority (if the patent application has a claim for priority right).
3. Note: Apart from sections that need to be filled in, the written declaration must state the criteria for classification of the industrial design sought to be protected in accordance with the International Industrial Design Classification (under the Locarno Agreement). If the applicant fails to classify or inaccurately classifies the industrial design, the NOIP shall carry out the classification for which the applicant shall pay a fee as prescribed.
5. Time limit for processing industrial design registration applications
From the date on which the registration application is received by the NOIP, the registration application of an industrial design shall be examined in the following order:
- An industrial design registration application shall have its formality examination within 01 month from the filing date;
- Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
- An industrial property registration application shall be substantively examined within 07 months from the date of application publication.
6. Methods of filing application
The applicant may choose paper filing or online filing through the NOIP's online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the NOIP's application receiving places, specifically as follows:
- Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
- Representative Office of NOIP in Ho Chi Minh City,
- Representative Office of NOIP in Da Nang City,
b) Online filing
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registered account which is approved by the NOIP on the Online Application Receiving System.
- Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an NOIP’s officer will issue the application number in the Online Application Receipt System.
5. Time limit for processing industrial design registration applications
From the date on which the registration application is received by the NOIP, the registration application of an industrial design shall be examined in the following order:
- An industrial design registration application shall have its formality examination within 01 month from the filing date;
- Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
- An industrial property registration application shall be substantively examined within 07 months from the date of application publication.
6. Methods of filing application
The applicant may choose paper filing or online filing through the NOIP's online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the NOIP's application receiving places, specifically as follows:
- Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
- Representative Office of NOIP in Ho Chi Minh City,
- Representative Office of NOIP in Da Nang City,
b) Online filing
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registered account which is approved by the NOIP on the Online Application Receiving System.
- Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an NOIP’s officer will issue the application number in the Online Application Receipt System.