Key Considerations for Industrial Design Registration in Vietnam under the Newly Amended IP Law
The amended Intellectual Property Law of Vietnam, which came into effect on April 1, 2026, introduces several significant changes relating to industrial design protection. One of the most notable amendments is the revised definition of the term “industrial design”. Under Article 1(1) of the amended Intellectual Property Law 2025, an industrial design is defined as “the external appearance of all or part of a product, in physical or non-physical products, expressed in shape, lines, colours, or a combination thereof, and visible during the process of exploiting the product’s use”. In addition, several revised provisions may significantly affect the scope, eligible subject matter of protection, and the overall filing strategy for industrial design applications in Vietnam.
The amendment of several provisions has led to significant changes in the registration procedure, as well as in other aspects relating to the scope, eligible subject matter of protection, and filing requirements for industrial design applications in Vietnam. These amendments have brought Vietnam’s industrial design legal framework closer to international standards and further integrated with international industrial design practices.
Accordingly, in order to ensure the most effective protection of their lawful rights and interests when filing a new industrial design application in Vietnam, creators and applicants are advised to thoroughly understand these amendments and carefully prepare the necessary documentation and filing strategy so as to minimize potential deficiencies or procedural risks during prosecution.
- Industrial design registration procedure
First of all, to provide a clearer illustration of the registration procedure and to highlight the shortened timeline compared with the previous practice, please refer to the flowchart below.
Flow chart of industrial design registration procedure
Accordingly, at the formality examination stage, one of the significant changes is that the Intellectual Property Office of Vietnam (“the IP Vietnam”) no longer issues a Decision on acceptance as to formality for applications satisfying the formality requirements. Instead, such applications are included in the weekly list of industrial design applications accepted for publication on the electronic portal of the IP Vietnam and shall be officially published within one (01) month from the date on which the applications are deemed accepted as to formality (without delay publication request); or in the case where the applicant requests late publication and the application is deemed as acceptance as to formality before the deadline for the late publication request expires, the application shall be published in the month following the month in which the late publication request deadline ends.
Following the publication date, any third party shall have the right to file an opposition against the published industrial design application within three (03) months. The shortening of the opposition period contributes to reducing the overall examination timeline of the application. However, where a party intends to oppose a published application, applicants, creators, and other interested parties should pay close attention to this shortened time limit in order to timely exercise their opposition rights.
In addition, the reduction of the overall examination timeline is further reflected in the shortened substantive examination period, which is currently five (05) months from the publication date.
In summary, the recent amendments demonstrate the intention of the Intellectual Property Office of Vietnam (“IP Vietnam”) to accelerate the examination process for industrial design applications. As a result, applicants may obtain examination results more quickly than under the previous practice. Nevertheless, applicants and other relevant parties should also carefully monitor the shortened opposition period in order to adequately protect their rights and interests.
- Scope and Eligible subject matter of protection
One of the most significant amendments introduced under the Amended Law on Intellectual Property 2025 is the revised definition of the term “industrial design”. In particular, the amended provisions officially recognize that a “part of a product”, also referred to as a “partial design”, may independently constitute protectable industrial design subject matter, irrespective of whether such part is detachable or inseparable from the whole product, and regardless of whether it may be separately manufactured, circulated, or commercialized.
The recognition of partial industrial designs represents a substantial development in Vietnam’s industrial design protection, as it enables applicants to seek protection for the core creative and distinctive features of a product, even where the product as a whole may not fully satisfy the novelty requirement. Accordingly, protection of partial designs may help prevent infringement by limiting the ability of third parties to avoid liability through modifications to minor product features in an otherwise substantially identical design. In addition, under the previous legal framework, applicants were often required to file multiple design applications for entire products in order to protect different products distinguished only by a single design feature. Under the current legal framework, however, a single partial design application may be sufficient to satisfy the applicant’s protection requirements, thereby reducing filing costs for the applicant. Generally, this amendment broadens the scope of industrial design protection and strengthens the legal basis for safeguarding the lawful rights and interests of applicants and creators.
Another remarkable amendment, which further demonstrates Vietnam’s efforts to harmonize its industrial design legal framework with international standards and practices, is the recognition of industrial designs in “non-physical products” as eligible subject matters of protection. According to Article 46(2) of Circular number 10/2026/TT-BKHCN, “Non-physical products refer to objects that do not exist in a tangible form, but are generated through the projection or display of a design onto a surface or within the surrounding environment, including in the air, while possessing practical functions for operation, interaction, or the performance of specific tasks”.
Under the amended provisions, graphical user interfaces (GUIs) and icons (classified under Class 14-04 of the Locarno Classification) are now expressly recognized as eligible subject matter for industrial design protection in Vietnam.
In summary, the recognition of “partial designs” and “non-physical products” represents a significant development in Vietnam’s industrial design protection regime. These amendments not only reflect the legislative intention to adapt the legal framework to technological advancements, particularly the rapid development of digital and electronic products, and to further harmonize Vietnam’s industrial design protection system with international standards and practices, but also strengthen the lawful rights and interests of applicants while encouraging creativity and innovation in industrial design activities.
- Filing strategy
In light of these amendments relating to industrial design protection, applicants and creators are advised to carefully consider and develop appropriate filing strategies prior to submitting industrial design applications in Vietnam. In particular, the recognition of partial designs and non-physical products has introduced certain changes to the requirements for determining eligible subject matter for protection, as well as for the preparation and presentation of drawings.
One of the most confusing issues for applicants is whether to file a partial design application or an application for the whole design. In this regard, applicants and creators should first identify the distinctive design features of the industrial design. If one or several parts of the industrial design are considered distinctive features and may be embodied in a number of industrial designs, applicants and creators should consider filing partial design applications. Otherwise, filing an application for the whole design may be more appropriate. In cases where applicants or creators are unable to determine whether parts or the whole industrial design should be regarded as distinctive, they may consider filing both partial design applications and a whole design application simultaneously in order to maximize the scope of protection.
Furthermore, the acceptance of non-physical products also encourages applicants and creators to consider filing industrial design applications instead of relying solely on copyright protection, as industrial design protection may provide a stronger enforcement grounds against potential infringement.
The introduction of new eligible subject matters has also brought new requirements and considerations for industrial design descriptions. Accordingly, applicants are advised to carefully prepare the drawing sets and visual representations of industrial designs in order to ensure compliance with the amended formal requirements and to maximize the scope of protection available under Vietnamese law.
According to Article 46.4 of Circular No. 10/2026/TT-BKHCN, in respect of partial designs, “the portion for which protection is claimed shall be represented by solid lines, while the portion for which protection is not claimed shall be represented by dashed lines”, or alternatively, “the portion for which protection is claimed shall be depicted in a colour contrasting with the portion for which protection is not claimed”.
In addition, special attention should also be paid to the preparation of drawing sets for “non-physical products”. Specifically, “in cases where the industrial design of a non-physical product undergoes changes in shape or displacement, such transformation may be illustrated by a series of sequential views, each view depicting a successive stage of the transformation process”.
Ultimately, in order to adopt the most appropriate filing strategy and secure the broadest possible rights and interests of applicants and creators, each case should be carefully evaluated on its own merits and specific circumstances.
For further information regarding industrial design registration and protection in Vietnam, please feel free to contact us.
