The external design of a product carries not only aesthetic value but also functions as a direct competitive factor on the market, particularly for consumer goods categories with highly uniform functionality. Where a design has not been registered for protection, a business has almost no legal basis to prevent competitors from copying or counterfeiting it. This article sets out the filing methods, the seven-step sequence, and the processing timeline for industrial design applications under current intellectual property law, in order to provide businesses with a clear, complete implementation roadmap.

Methods of filing an industrial design application

An applicant may choose one of the following two filing methods when registering an industrial design with the National Office of Intellectual Property.

Paper filing

The applicant files in person or sends the application by post to the head office of the National Office of Intellectual Property in Hanoi or to its representative offices in Ho Chi Minh City or Da Nang. Where fees are paid via postal service, the applicant must keep the payment receipt and send it together with the application to the receiving point that corresponds to where the payment was made, to avoid the application being returned due to a mismatch between the place of payment and the place of filing.

Online filing

To file online, the applicant must have a digital signature, a digital certificate, and an account approved by the National Office of Intellectual Property on the Online Application Receiving System. After successfully declaring and submitting the application, the system issues an Online Document Submission Confirmation Slip. Within one month from the date of submission, the applicant must go in person to one of the Office’s receiving points to present the confirmation slip, submit any supplementary documents, and complete payment of the required fees; if this deadline passes without completion, the online submission will be canceled.

Procedure for registering an industrial design

The industrial design registration process at the National Office of Intellectual Property is carried out through the following seven steps.

Step 1: Preparing and classifying the industrial design

Before filing, a business must ensure that the design to be registered has not previously been publicly disclosed or used in any form, in order to preserve its novelty under intellectual property law. A design may be represented through one or more variants, with sets of photographs or drawings from multiple angles; the greater the number of variants and images, the higher the filing fee. The application must also be classified under the International Classification for Industrial Designs (Locarno Classification); if the applicant does not self-classify or classifies incorrectly, the Office will carry out the classification itself and charge the corresponding classification fee.

Step 2: Searching for prior industrial designs

Searching before filing helps preliminarily assess the design’s likelihood of being protected, thereby reducing the risk of refusal after fees have been paid and a lengthy examination period has passed. The search results provide a basis for the applicant to consider modifying the design or deciding whether to proceed with filing.

Step 3: Filing the industrial design application

The application file consists of:

• 02 copies of the Industrial Design Registration Declaration, in the prescribed form;
• 01 Description of the industrial design, fully stating the design’s name, field of use, the closest known similar design, a list of photographs or drawings, a description of its nature, and the scope of protection claimed;
• 04 sets of photographs or drawings of the design; and
• Proof of payment of fees.

Depending on the specific case, the file may need to include an additional power of attorney, an assignment of the right to file, documentation confirming the right to register, or documentation proving a priority claim. All documents must be prepared in Vietnamese (foreign-language documents must be translated), presented clearly, in the correct form, without alterations, and using terminology and symbols consistent with Vietnamese standards.

Step 4: Formal examination of the industrial design application

Within one month from the filing date, the National Office of Intellectual Property examines the formal aspects of the application, the applicant’s status, the right to file, and the classification. If the application is valid, the Office issues a notice accepting the valid application and moves to the publication stage. If the application does not meet the requirements, the Office issues a notice of refusal to accept the application and sets a deadline for the applicant to amend or supplement it.

Step 5: Publication of the industrial design application

The application is published within two months from the date of the notice accepting the valid application. The published content includes the main information from the valid application, images, and the classification of the industrial design, providing a basis for third parties to monitor the application and file an opposition if grounds exist.

Step 6: Substantive examination of the industrial design application

The substantive examination stage is carried out to assess whether the design fully meets the statutory conditions for protection, on which basis the possibility of granting a protection title is determined. If the application meets the conditions, the Office issues a notice of intention to grant a protection title. If the application does not meet the conditions, the Office issues a notice of refusal to grant a protection title; the applicant has the right to file a complaint, together with arguments and evidence, to protect its interests.

Step 7: Granting the protection title

After the notice of intention to grant a protection title has been issued and the applicant has fulfilled its obligation to pay the granting fee, the National Office of Intellectual Property proceeds to grant the Industrial Design Patent. The protection title is valid for five years from the filing date and may be renewed twice, each renewal for five years, giving a maximum protection term of 15 years.

Processing timeline for industrial design applications

Under the regulations, the processing timeline for an industrial design application is set as follows: formal examination within one month from the filing date; publication within two months from the date of the decision accepting the valid application; and substantive examination within seven months from the date of publication.

In practice, due to the backlog of applications at the National Office of Intellectual Property, the total processing time from filing to the grant of a protection title is typically considerably longer than the statutory timeline, commonly ranging from 18 to 25 months. Businesses should proactively factor in this timeframe when planning a product launch to ensure that the design is filed for registration before the point of publication or commercial use, so as not to lose the design’s novelty.