The industrial design registration process has to go through many stages of thorough examination with strict requirements on the composition of the dossier and registration conditions. In the following article, DHP Law will introduce to readers and customers the procedure for industrial design registration at the National Office of Intellectual Property.
Procedures for industrial design registration include the following steps:
Step 1 : The owner of the industrial design conducts a search for the ability to protect his industrial design.
Step 2: Documentation preparation includes:
– 02 Industrial design registration declarations, typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN;
– 01 Description of the industrial design ; The industrial design description must satisfy the provisions of Point 33.5 of Circular No. 01/2007/TT-BKHCN, the industrial design copy must include the following contents:
+ Name of the industrial design;
+ The field of industrial design use;
+ The nearest similar industrial design;
+ List photos or drawings;
+ A detailed description of the industrial design;
+ Claim for protection of industrial designs.
– 04 sets of photos/drawings of industrial designs.
The nature of the industrial design as described must be fully expressed in order to determine the scope of protection of that industrial design.
+ Photos/drawings must be clear and sharp. Other products must not be mixed with products bearing the claimed industrial design.
+ All photos/drawings must follow the same scale.
+ The size of each photo/drawing must not be less than (90 x 120) mm and not larger than (210 x 297) mm.
– Power of attorney (if the industrial design registration application is filed through an industrial property representation service organization);
– The transfer of the right to file an application (if any);
– Documents confirming the right to registration (if beneficiary is from someone else);
– Documents proving the priority right (if the industrial design registration application has a claim for priority right).
Step 3: The applicant can choose to submit a paper application to the National Office of Intellectual Property in Hanoi or 02 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh City and Da Nang or online application form through the Online Public Service Portal of the National Office of Intellectual Property.
Step 4 : The National Office of Intellectual Property processes the application
From the date of receipt by the NOIP, the industrial design registration application shall be considered in the following order:
– Formal assessment: 01 month
– Publication of applications: within 2 months from the date on which the industrial design registration application has a decision on acceptance of a valid application.
– Substantive examination: no more than 07 months from the date of publication of the application.
Step 5 : NOIP issues a decision to grant/refuse to grant a protection title
– If the object stated in the application fails to meet the requirements for protection, the NOIP shall issue a decision to refuse to grant a protection title;
– If the object stated in the application satisfies the requirements for protection, and the applicant fully and timely pays fees and charges, the NOIP shall issue a decision to grant a protection title and record it in the Book. National registration of industrial designs and publication in the Industrial Property Official Gazette.
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