How long is the validity of industrial design patents?

The validity of industrial design patents determines when the owner is protected by law. This protection period directly affects the legal rights and interests of the owner. Specifically, this time allows the owner to prevent infringement of exclusive rights. The following content will analyze in detail the validity of industrial design patents according to Vietnamese law.

What is industrial design?

Pursuant to Clause 13, Article 4 of the Law on Intellectual Property 2005, Article 21 Circular 23/2023/TT-BKHCN has the following provisions:

Industrial design is the external appearance of a product or part to be assembled into a complex product, expressed by shapes, lines, colors or a combination of these elements and visible during the process of exploiting the uses of the product or complex product.

Products are understood as objects, tools, equipment, and vehicles, produced by industrial or handicraft methods, with clear structures and functions; Parts for assembly into complex products are parts capable of independent circulation and can be disassembled from the complex product; A complex product is a product made up of many replaceable parts that can be removed and reassembled. Products and parts used to assemble and compose complex products below are collectively referred to as products unless otherwise specified.

Conditions for industrial design protection

Conditions for industrial design protection are specified in Articles 65, 66, 67 of the Law on Intellectual Property 2005, amended in 2022; Clause 9 Article 23 Circular 23/2023/TT-BKHCN. Accordingly, industrial designs are protected if:

• Newness: An industrial design is considered new if that industrial design is significantly different from industrial designs that have been publicly disclosed in the form of use, written description or any other form in the country or abroad before the filing date or before the priority date if the industrial design registration application enjoys priority rights.
• Innovative: An industrial design is considered creative if, based on industrial designs that have been publicly disclosed in the form of use, written description or any other form in the country or abroad before the filing date or before the priority date of the industrial design registration application in case the application enjoys priority rights, that industrial design cannot be created easily by a person with average knowledge of the corresponding field.
• Capable of industrial application: An industrial design is considered capable of industrial application if it can be used as a model to manufacture a series of products with the external appearance of that industrial design using industrial or handicraft methods.

In case there are many applications for registration of industrial designs that are identical or not significantly different from each other, a protection title will only be granted for the industrial design in a valid application with the earliest priority date or filing date among the applications that meet the conditions for being granted a protection title.

In case there are multiple applications for registration of industrial designs that are identical or not significantly different from each other, meet the same conditions for being granted a protection title and have the same priority date or earliest filing date, a protection title will only be granted to the subject matter of a single application among those applications according to the agreement of all applicants; If no agreement can be reached, the respective subjects of those applications will be denied protection titles.

Validity of industrial design patents

The validity of industrial design patents begins from the date of issue and lasts until five years from the date of filing. The owner can renew two consecutive times, each for five years. The total period of protection shall not exceed fifteen years.

Renewal needs to be done within six months before the expiration date. Owners need to pay the renewal fee to the Intellectual Property Department. If the grace period expires, the exclusive right ends. The extension must comply with Article 93 of the Law on Intellectual Property. Legal timelines must be guaranteed:

• Initial protection period: Five years from the date of application.
• Number of renewals: Twice, five years each.
• Total protection period: Not more than fifteen years.
• Renewal period: Six months before expiration date.

International registration of industrial designs under the Hague Agreement on international registration of industrial designs designating Vietnam takes effect from the date the state management agency in charge of industrial property rights issues a decision to accept protection of the industrial design in that international registration or from the day following the end of the six-month period from the date the International Office announces the international registration of that industrial design, whichever is earlier.

The validity period of international registration of industrial designs is calculated according to the provisions of the Hague Agreement.

Full package industrial design protection registration service at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive industrial design protection registration services, helping businesses and individuals protect intellectual property rights for their products. We provide comprehensive support from initial consultation, document preparation, application submission to monitoring the appraisal process and receiving protection certificates. Below is the detailed scope of our services:

• Consulting on conditions and registration process for industrial design protection.
• Drafting and supporting the preparation of industrial design protection registration documents.
• Look up and evaluate the possibility of registration for protection.
• Submit documents and monitor the appraisal process.
• Renew and protect benefits after registration.

Long Phan Consulting Company is committed to providing customers with quick, time-saving protection registration services at a reasonable cost.

Frequently asked questions

Below are some frequently asked questions about industrial design protection certificates, please refer to:

Which agency has the authority to grant and renew industrial design patents?

The National Office of Intellectual Property is the competent authority to grant and renew industrial design patents.

What kind of industrial design is not protected?

Industrial designs that are contrary to social ethics or harmful to national defense and security are not protected.

How is the novelty of an industrial design determined?

Novelty is determined when the industrial design is significantly different from industrial designs that have been publicly disclosed before the filing date.

How is the industrial applicability of an industrial design understood?

Industrial applicability is understood as being able to be used as a model to manufacture a series of products with the external appearance of that industrial design.

Can I register for international industrial design protection in Vietnam?

Industrial designs can be internationally registered under the Hague Agreement that designates Vietnam.

If multiple industrial design registration applications overlap, how will they be handled?

The title of protection is only granted to the application with the earliest priority date or filing date, or as agreed by the applicant.

What elements create industrial design?

The elements that make up an industrial design are: shapes, lines, colors, or a combination of these elements.

What types of products can be registered as industrial designs?

Types of products that can be registered as industrial designs include: objects, tools, equipment, and vehicles, produced by industrial or handicraft methods.

What is a complex product?

A complex product is a product made up of many replaceable parts that can be removed and reassembled.

How do I know if my industrial design has been publicly disclosed?

To know whether your industrial design has been publicly disclosed or not, you can look up information at the National Office of Intellectual Property or industrial design databases.

In case of a dispute over ownership of an industrial design, how should it be handled?

Ownership disputes over industrial designs will be resolved through negotiation, conciliation or litigation in court.

Conclude

The validity of industrial design patents needs to be clearly understood to protect the rights of the owner. Long Phan Consulting Company provides professional industrial design patent registration and renewal services. Customers who need advice, immediately contact the hotline 0906735386 for support.