The external appearance of a product can be one of its most valuable commercial assets. From bottles, packaging, furniture, machinery and consumer products to eligible non-physical products, a distinctive design can help businesses differentiate themselves and strengthen their market position.
From 1 April 2026, Vietnam’s intellectual property framework introduced notable changes to industrial design protection, including a broader concept of industrial designs covering both physical and non-physical products. Businesses should therefore carefully identify the protectable subject matter, prepare a consistent set of drawings or photographs, and file the application at an appropriate time to avoid loss of rights.
Under the current Vietnamese intellectual property framework, an industrial design generally refers to the external appearance of the whole or a part of a physical or non-physical product, expressed through shapes, lines, colors, or a combination of such elements, and perceptible during the exploitation of the product’s utility.
This definition reflects an important development in Vietnamese law, as industrial design protection is no longer limited to the conventional external appearance of tangible products.
For example, in the case of machinery, bottles, containers, furniture or electronic devices, industrial design protection focuses on the visible appearance of the product, rather than its internal technical structure or operating principle.
Industrial designs should therefore be distinguished from other intellectual property rights:
- Industrial designs protect the external appearance of a product;
- Patents protect technical solutions;
- Trademarks protect signs that distinguish the goods or services of different businesses;
- Copyright may protect certain works of applied art where the relevant legal requirements are satisfied.
A single product may qualify for more than one form of intellectual property protection.
To obtain an Industrial Design Patent in Vietnam, the design must generally satisfy three fundamental requirements:
An industrial design is considered novel if it significantly differs from designs that have been publicly disclosed before the filing date or, where priority is claimed, before the priority date.
Public disclosure may take many forms, including:
- Sale of the product;
- Publication on websites or social media;
- Advertising;
- Catalogues and brochures;
- Exhibitions or trade fairs;
- Public use;
- Other forms of public disclosure.
Two designs may not be regarded as significantly different where the distinctions relate only to minor features that are difficult to recognize or remember and do not create an overall distinguishable appearance.
For this reason, the safest practice is to file the industrial design application before publicly disclosing the product.
Vietnamese law provides a limited grace period in certain circumstances.
From 1 April 2026, an industrial design may not lose novelty where it has been publicly disclosed by the person entitled to file the application, or by a person who directly or indirectly obtained the design information from that person, provided that the application is filed within six months from the date of disclosure.
However, relying on the grace period should not be treated as the standard filing strategy. Filing before disclosure remains the safer approach, particularly where protection in foreign jurisdictions is also contemplated.
An industrial design has inventive character if, based on designs already publicly disclosed, it could not have been easily created by a person having average knowledge in the relevant field.
In practice, a design should contain a meaningful degree of creative difference rather than merely reproducing, rearranging or making obvious modifications to existing design features.
Minor changes to familiar shapes or straightforward combinations of known features may not be sufficient.
For a physical product, an industrial design must be capable of being used as a model for the mass production of products having the same external appearance by industrial or handicraft methods.
Under the rules effective from 1 April 2026, this requirement has also been adapted to non-physical products, allowing a design to satisfy industrial applicability where it can be reproduced consistently in the digital environment.
Not every external appearance is eligible for industrial design protection.
Certain subject matter is excluded, including:
- The external appearance of a product dictated solely by its technical function;
- The external appearance of civil or industrial construction works;
- The appearance of a product that is not visible during the use of the product.
A careful distinction should therefore be made between design features that contribute to visual appearance and features that are entirely dictated by technical function.
A prior search is not mandatory. However, it is highly recommended, especially for products with significant commercial value.
An industrial design search may help to:
- Identify previously disclosed designs with similar appearances;
- Make a preliminary assessment of novelty and inventive character;
- Identify the design features that should be emphasized in the application;
- Determine whether alternative embodiments should be filed;
- Reduce the risk of investing in an application with limited prospects of registration.
Search results are preliminary only and cannot replace the official examination conducted by the Intellectual Property Office of Vietnam.
A typical industrial design application includes:
1. Industrial design application form in the prescribed format;
2. Industrial design description;
3. Set of photographs or drawings showing the design;
4. Evidence of payment of official fees and charges;
5. Power of Attorney, where the application is filed through an industrial property representative;
6. Documents proving the right to file, where the applicant derives the filing right from another person;
7. Priority documents, where priority is claimed.
The minimum filing documents generally include the application form, the description, the required sets of drawings or photographs and proof of payment of the relevant fees.
The drawings or photographs are among the most important parts of an industrial design application.
For a three-dimensional product, the set commonly includes:
- Perspective view;
- Front view;
- Rear view;
- Left-side view;
- Right-side view;
- Top view;
- Bottom view.
The exact number of views may vary depending on the nature of the product.
All views should be clear, consistent and technically aligned. A feature shown in the perspective view should not disappear, change position or become inconsistent in another view unless there is a proper explanation.
The visual representation is not merely a formal requirement. It is also a key basis for determining the scope of protection after the patent is granted.
For that reason, product advertising images should not automatically be used as industrial design filing images without prior review.
The description generally includes:
- Name of the industrial design;
- Field of use;
- Closest similar industrial design;
- List of drawings or photographs;
- Detailed description of the design;
- Industrial design protection claim.
The written description must fully correspond with the drawings or photographs.
The protection claim should focus on the new and distinctive visual features for which protection is sought, rather than unnecessary details regarding materials, technical structure or operating principles.
The industrial design registration process generally consists of the following stages.
Before filing, the applicant should consider:
- Identifying the correct product incorporating the design;
- Confirming who has the legal right to file;
- Checking whether the design has already been publicly disclosed;
- Conducting a prior design search;
- Reparing a consistent set of drawings or photographs;
- Drafting the description and protection claim;
- Classifying the design under the Locarno Classification.
The application is filed with the Intellectual Property Office of Vietnam (IP VIETNAM) in accordance with the applicable filing procedures.
The filing date is particularly important because it may determine novelty and priority between competing applications.
Under the first-to-file principle, where multiple applications relate to identical or substantially similar industrial designs, priority generally belongs to the valid application having the earliest filing date or priority date, subject to the applicable legal requirements.
IP VIETNAM examines whether the application complies with formal requirements, including:
- Completeness of mandatory documents;
- Correct use of application forms;
- Applicant information;
- Drawings or photographs;
- Description;
- Classification;
- Official fees;
- Other applicable formal requirements.
The statutory formality examination period is generally one month from the date of receipt of the application.
If defects are identified, the applicant may be requested to amend or supplement the application within the prescribed period.
Once the application is accepted as formally valid, it is published in the Industrial Property Official Gazette.
Publication is generally made within two months from the date of the decision accepting the application as formally valid.
The publication allows relevant information concerning the application to become publicly available.
During substantive examination, IP VIETNAM assesses whether the design satisfies the requirements for protection, including:
- Whether the subject matter qualifies as an industrial design;
- Novelty;
- Inventive character;
- Industrial applicability;
- Other relevant legal requirements.
The statutory substantive examination period is generally no more than seven months from the publication date.
In practice, the overall prosecution period may be longer if the application is subject to office actions, amendments, objections, oppositions or other procedural issues.
If the design satisfies the protection requirements, IP VIETNAM issues a notice of intention to grant protection.
After the applicant pays the required grant and registration fees, IP VIETNAM issues the Industrial Design Patent, records it in the National Register of Industrial Property and publishes the grant in accordance with the applicable rules.
An Industrial Design Patent is valid from the date of grant until the end of five years from the filing date.
It may be renewed twice consecutively, with each renewal extending the term by five years.
Accordingly, the maximum term of protection is:
5 years + 5 years + 5 years = 15 years from the filing date.
During the period of validity, the patent owner may exploit the protected industrial design, authorize others to use it and take action against unauthorized use within the legally protected scope.
Disclosing the Product Too Early
A common mistake is to publish the product on a website, social media platform, exhibition booth or sales channel before filing the industrial design application.
Although Vietnamese law provides a six-month grace period in certain circumstances, filing before disclosure remains the safer strategy, especially for products intended for international commercialization.
Inconsistent Drawings
Inconsistency among the drawings is another frequent problem.
For example, a component shown in a perspective view may have a different size, location or configuration in the top or side view.
Such discrepancies may result in an office action and may also affect the scope of protection.
Focusing on Attractive Presentation Instead of Legal Protection
Marketing images and industrial design application drawings serve different purposes.
Application drawings should clearly define the product and the visual features for which protection is sought. Their primary function is legal precision rather than advertising presentation.
Describing Too Many Technical Features
Industrial design protection concerns external appearance.
The description should therefore focus on features such as shape, contour, line, proportion, relative arrangement and visible visual elements, rather than becoming a technical explanation of how the product functions.
Ignoring International Filing Strategy
Where the product may be exported, exhibited internationally or manufactured in multiple jurisdictions, the international protection strategy should be considered from the time of the first filing in Vietnam.
Early planning may help preserve priority rights and reduce the risk of loss of novelty abroad.
A product may have several design variants.
Depending on the relationship between those variants and the applicable filing requirements, the applicant may consider including several embodiments in one filing or filing separate applications.
A proper filing strategy should evaluate:
- Which version should be treated as the principal design;
- Which variants are commercially important;
- Whether the variants are sufficiently related;
- Whether separate applications would provide clearer or broader protection.
The appropriate approach should be determined on a case-by-case basis.
Industrial design registration is more than completing an application form and submitting product images.
The scope and enforceability of the resulting rights may depend significantly on how the protected subject matter is identified, how the drawings are prepared, how the distinctive design features are described, and how the application is prosecuted before IP VIETNAM.
A.D.V.N Law Company Limited assists clients with industrial design protection in Vietnam, including:
- Preliminary assessment of registrability;
- Advice on filing strategy and timing;
- Industrial design searches;
- Review and standardization of drawings and photographs;
- Identification of the product name and Locarno classification;
- Preparation of the industrial design description and protection claim;
- Preparation and filing of the application;
- Prosecution and monitoring of the application;
- Responses to office actions and proposed refusals;
- Grant and renewal procedures;
- Advice on international industrial design protection.
For newly developed products, filing the industrial design application before publication or market launch is generally the most effective way to preserve registration opportunities and strengthen the owner’s legal position.
What Does an Industrial Design Protect?
An industrial design protects the external appearance of the whole or a part of an eligible product, expressed through shapes, lines, colors or a combination of such visual elements.
Can I File an Industrial Design Application Before the Product Is Manufactured?
Yes. The product does not need to have been manufactured or commercially launched before filing.
In many cases, filing before production, advertising or market launch is preferable because it helps preserve novelty.
Can I Still Register a Design After Posting It on Facebook or a Website?
Potentially, yes, depending on the circumstances.
Under the rules effective from 1 April 2026, certain disclosures made by the person entitled to file, or by a person who obtained the information directly or indirectly from that person, may not destroy novelty if the application is filed within six months from the disclosure date.
Nevertheless, filing should not be unnecessarily delayed.
How Long Does Industrial Design Registration Take in Vietnam?
The statutory examination stages generally include:
- Formality examination: approximately 1 month;
- Publication: within 2 months from acceptance of the formally valid application;
- Substantive examination: no more than 7 months from publication.
The actual processing time may be longer where amendments, office actions, oppositions or other issues arise.
How Long Is an Industrial Design Protected in Vietnam?
An Industrial Design Patent is initially valid for five years from the filing date and may be renewed twice, each time for another five years.
The maximum protection term is therefore 15 years from the filing date.
Can the Same Product Be Protected by Both an Industrial Design and a Trademark?
Yes.
Different intellectual property rights may protect different aspects of the same product. An industrial design may protect its external appearance, while a trademark may protect a brand name, logo or other sign used to distinguish its commercial origin.
Industrial design registration in Vietnam is an important legal tool for protecting the external appearance of products and strengthening a business’s position against copying or imitation.
The regulatory changes effective from 1 April 2026 make it even more important for businesses to correctly identify the protectable subject matter, assess novelty, prepare a consistent set of drawings or photographs and file at the appropriate time.
For new products, the preferred approach is generally to conduct an early assessment and file the industrial design application before public disclosure. A properly prepared application can reduce prosecution risks and help secure a scope of protection that better reflects the commercial value of the design.
If you are seeking professional assistance with:
- Patent registration;
- Utility solution protection;
- Industrial design registration;
- Trademark registration;
- Intellectual property strategy and enforcement,
please contact:
Hotlines: 0903.693.301 - 0903.641.946
A.D.V.N Law Firm
Website: https://advnlaw.vn
A Dong Intellectual Property Consulting Company Limited (A Dong IP)
Website: https://a-dong.com.vn
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