ENCOLAWS

Filing

Information required:

1. Full name, address and nationality of the applicant;

2. Full name, address and nationality of the designer;

3. Title of the design stating the article for which registration is sought;

4. Class, in which the design is to be registered, according to the Locarno International Classification (if possible);

5. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).

Documents required :

1. 06 sets of pictures/drawings illustrating the design. The pictures/drawings must not exceed the international size A4 and be made in the same scale. There must be as many pictures/drawings of the design as they are taken to show all the different sides of the design;

2. Brief design description in English showing the distinctive features of the design to be protected;

3. Original POA (notarization is not required), of which a copy is accepted for filing the application but the original one must be submitted within 03 weeks from the filing date.

4. Certified copy of the priority document (in case of applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date.

GENERAL INFORMATION:

1. The validity term of a Design Patent is 05 years from the regular filing date. The Design Patent is effective from the granting date and renewable for two additional consecutive periods of 05 years each (max. 15 years);

2. Different variants of a design can be filed in a single application or separate applications. In the latter case, a statement that the design is one variant of the previously filed design is required. All variants of a design are granted only one Design Patent;

3. Duration from the filing to granting date is 09 months, of which 01 month is for formality examination, 02 months is for publication and 06 months is for substantive examination;

4. Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Industrial Design Office in necessary cases.

Filing

Information required:

1. Full name, address and nationality of the applicant;

2. Full name, address and nationality of the designer;

3. Title of the design stating the article for which registration is sought;

4. Class, in which the design is to be registered, according to the Locarno International Classification (if possible);

5. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).

Documents required :

1. 06 sets of pictures/drawings illustrating the design. The pictures/drawings must not exceed the international size A4 and be made in the same scale. There must be as many pictures/drawings of the design as they are taken to show all the different sides of the design;

2. Brief design description in English showing the distinctive features of the design to be protected;

3. Original POA (notarization is not required), of which a copy is accepted for filing the application but the original one must be submitted within 03 weeks from the filing date.

4. Certified copy of the priority document (in case of applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date.

GENERAL INFORMATION:

1. The validity term of a Design Patent is 05 years from the regular filing date. The Design Patent is effective from the granting date and renewable for two additional consecutive periods of 05 years each (max. 15 years);

2. Different variants of a design can be filed in a single application or separate applications. In the latter case, a statement that the design is one variant of the previously filed design is required. All variants of a design are granted only one Design Patent;

3. Duration from the filing to granting date is 09 months, of which 01 month is for formality examination, 02 months is for publication and 06 months is for substantive examination;

4. Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Industrial Design Office in necessary cases.

Renewal of Industrial Design patent

Documents required :

(i) POA to ENCO (as to attached form);

(ii) The original or copy of Industrial Design Patent.

Note :

(i) Renewal fees can be paid within 6 months before the expiration date of the patent’s validity;

(ii) The late payment is acceptable, provided that these fees shall be paid within 6 months from the expiration date and the surcharge of 10% per late month is added.

Recordal of ID Patent Assignment Agreement

Required documents:

(i) Notarized POA from the Assignor or Assignee to ENCO (as to attached form);

(ii) Two original or certified copies of the Assignment Agreement;

(iii) The original Registration Certificate(s).

Recordal of ID Patent License Agreement

Required documents:

1. Notarized POA from the Licensor or Licensee to ENCO (as to attached form);

2. Two original or certified copies of the license agreement. If it is a sub-license agreement, the application must include the Certificate of Recordal of the exclusive license agreement concerned;

3. The certified copy of the patent/registration certificate;

4. The notarized copy of the Business registration certificate or Investment Certificate in case it is a trademark license agreement and the Licensee is Vietnamese.

Change of the proprietor name/ address

Required documents:

1. POA to ENCO (as to attached form);

2. The original Patent (if the Patent was granted);

3. Notarized or certified documents of competent authorities evidencing the change (such as Business registration certificate).

Duplicate of Industrial Design Patent

Required documents:

1. POA to ENCO (as to attached form);

2. Official letter to NOIP to inform the reason of the lost or damage of the ID patent.