Conditions for Industrial Design Protection in Vietnam

1. Novelty

An industrial design is considered novel if it is significantly different from other designs that have been publicly disclosed in any form (use, written description, display, etc.), in Vietnam or abroad, prior to the filing date or the priority date (if priority is claimed).

An industrial design shall still be regarded as novel in the following cases:

• Disclosure without the consent of the person entitled to file;
• Disclosure in a scientific report by the right holder;
• Display at a national exhibition of Vietnam or an official/internationally recognized exhibition.

In such cases, the application must be filed within six (06) months from the date of disclosure.

2. Creativity (Inventive Step)

An industrial design is deemed to have creativity if, based on publicly disclosed designs, it could not have been easily created by a person with average knowledge in the relevant field.

An industrial design will not be considered creative if it is:

• A mere combination of known design features (e.g., simple substitution, change of position, increase/decrease in number);
• A replication of natural shapes (plants, fruits, animals) or commonly known geometric figures (circle, ellipse, triangle, square, polygon, etc.);
• A simple copy of well-known products or constructions;
• An imitation of a design from another field that is already widely known (e.g., toys imitating cars or motorcycles).

An example of an creative industrial design

3. Industrial Applicability

An industrial design must be capable of serving as a model for the mass production of products by industrial or handicraft methods.

It shall not be deemed industrially applicable if:

• It relates to a product shape that does not remain stable (e.g., gaseous or liquid products);
• The shape can only be created using special skills and cannot be reproduced consistently;
• It falls under other cases as prescribed by law.

Important Note

The following objects are not protected as industrial designs:

• External appearance of a product dictated solely by its technical function;
• External appearance of civil or industrial construction works;
• Shapes of products that are invisible during normal use.

An example of an industrial design that has industrial applicability

Before filing an application for industrial design protection, applicants should carefully consider these three conditions to ensure the registration process proceeds smoothly and in compliance with the law.

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