Procedure for division of industrial design application

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

Before the IPVN issues decisions on the rejection of an application, decisions on refusal to grant a protection title, or decisions on the grant of a protection title, an applicant may divide on the initiative or upon the request of the IPVN. Accordingly, a divisional application must bear a new serial number and the filing date or date(s) of priority (if any).

A request for division application

(i) First of all, 02 Declaration for registration which are according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of a divisional application, the serial numbers of parent applications (original application) and date of filing of the parent application must be specified;
(ii)  Secondly, 01 descriptions of the industrial design;
(iii) Thirdly, Documents request in writing, proposal for divide industrial design application;
(iv) Additionally, Power of attorney (in case through a representative);
(v) Besides, For each divisional application, the applicant shall pay all fees and charges for procedures:

  • In case the parent application has had the result of substantive examination of applications:
    . Official charges for filing application: VND 150,000/ 01 application;
    . Fee for publication of application: VND 120,000/ 01 application;
    . Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
    . Parent applications (after being divided) shall be further processed according to normal procedures. Accordingly, applicants shall pay an amendment fee (VND 160,000).

Methods of filing division application

The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

a) Paper filing

The applicant may submit an application for division directly or via postal service to one of the IPVN’s applications receiving places, specifically as follows:

  • Firstly, Head Office of IPVN. Address 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
  • Secondly, Representative Office of IPVN in Ho Chi Minh City. Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
  • Thirdly, Representative Office of IPVN in Da Nang City. Address: 3rd floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son district, Da Nang city.

In case of filing an application for a trademark by post, The applicant must transfer the application charges/ fees by postal service.

b) Online filing

  • Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
  • Online application process:
    + The applicantneeds to complete the steps of filing a division application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
    + The applicant needs to present the confirmation of the online submission to one of the IPVN’s office attached documents (if any) and pay fees/ charges within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    + If one of the documents and fees/ charges is not fully, the application will be denied. 
    + Especially, if the applicant fails to complete the prescribed application procedure, the online application procedure will cancel.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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