Industrial Design Registration: What Businesses Need to Know

Industrial design registration protects the visual appearance of a product, including its shape, configuration, lines, patterns, colors, or combination of these elements. It does not protect the product’s technical function.

Why Should You Register an Industrial Design?

Registration gives the owner exclusive rights to use, manufacture, sell, import, or license the protected design. It also provides a legal basis for acting against unauthorized copying.

Businesses should file before publicly displaying, advertising, or selling a new design because early disclosure may affect its novelty.

What Designs Can Be Protected?

A design generally needs to meet three key conditions:

• It must be new.
• It must demonstrate creativity or individual character.
• It must be capable of industrial or handicraft application.

Purely functional features and common shapes may not qualify for protection.

What Documents Are Required?

An industrial design application commonly includes:

• An application form
• Drawings or photographs showing all relevant views
• A written description of the design
• Applicant and designer information
• A Power of Attorney when filing through a representative
• Priority documents, if priority is claimed

Clear and consistent images are especially important because they help define the scope of protection.

How Does the Registration Process Work?

The usual process includes:

1. Conducting a prior-design search
2. Preparing and filing the application
3. Formality examination
4. Publication
5. Substantive examination
6. Payment of grant fees and issuance of the certificate

Processing times and costs depend on the jurisdiction, number of design variations, application complexity, and any objections raised during examination.

How Long Does Protection Last?

In Vietnam, an industrial design patent is initially valid for five years from the filing date and may be renewed for two additional five-year periods, providing protection for up to 15 years.

For filing requirements, common mistakes and international protection options, read Tran & Tran IP Law’s comprehensive guide to industrial design registration.

Tran & Tran IP Law assists businesses and creators with industrial design searches, application preparation, filing, prosecution, renewal and enforcement in Vietnam and other relevant Asian markets.