Industrial Design Amendment

As provided in Article 115 of Vietnam Intellectual Property Law, at any time an application is pending but before IP VIETNAM has granted an industrial design thereon, and before the abandonment, final rejection, or other termination of proceedings on the application, the applicant may amend/divide the application, provided that any such amendment/division shall not change the essential appearance of an industrial design, that is, within the disclosure in the initial application.

An application may be divided into one or more divisional applications by filing one or more subsequent applications that make reference to the application being divided. The second or subsequent application shall be identical to the application on which it is based and shall be accompanied by a statement that the newly filed application is a division of such earlier application, which shall be identified by its filing number, title, name of designer, and filing date. Both the newly-filed application (or applications) and the earlier application shall be amended to restrict their claims to contain only a single industrial design, as appropriate, or a group of such related items as to meet requirements for the relevant form of intellectual property such as unity of industrial design.

Amended after registered/granted

Vietnam IP Law only permits the correction of errors related to name, address or the applicant’s name and address according to the template form provided by IP found in the publication of a patent after it has been granted. Correction requests must be made within 2-4 months of the date of filing application and IP VIETNAM shall record all changes in the database, document the registration and publish in the official gazette for the registration of industrial property.

After the industrial design has been registered, an industrial design owner may submit a request to modify partial information in the documents related to the registration. As for the modification of some errors in the registration application file due to the applicant by filing a request according to the template form from IP VIETNAM as well as paying the service charge, IP VIETNAM may allow for a minor modification only. IP VIETNAM shall publish the information related to such a modification on the official gazette for industrial property registration.