Questions on requirement for filing design application

Question:

Please advice on questions regarding filing requirements for design applications in Malaysia, Thailand, Indonesia and Vietnam.

Answer:

	MALAYSIA	INDONESIA	THAILAND	VIETNAM
1.) Can a design application claim priority to a utility application? If not, what effect will a utility application have on the design application?	No. It will not have any effect. Designs can only claim priority from another design application.	No, a design application may only claim priority from a design application. Under current practice, the Registry may cross examine an application and there is a possibility that the utility patent may be a bar to the design application. However, the Registry is not consistent with this cross examination system and the design application will be independently examined.	No. A design application cannot claim priority to a utility application. A utility application has no effect on the design application.	No, a design application cannot claim priority to a utility application. The design application will lack novelty if the drawings/ photos of the utility application have been disclosed.
2.) When a design application is filed, what is the filing fees based upon (per application or per embodiment included in the application)?	Per embodiment. In Malaysia, we practice a multiple design filing system, whereby designs with many embodiments can be filed as multiple applications within the same Locarno classification.	The filing fees are based on per application filed. However, if there are many embodiments which with different design views, the examiner will advise us to file divisional applications for those different embodiments.	The filing fees are pee application, on a one product one application basis.	The filing fees based upon the number of embodiment included in the application (number of drawings) and other items.
3.) Can dashed line be used to exclude elements from the design (e.g., “The broken-line disclosure in the views is generally understood to form part of the environment in which the claimed design is embodied, but forms no part of the claimed design.”)	Yes, dotted/dashed lines can be used to exclude elements from a design. Only straight/solid lines will be protected.	Dashed lines can be used to exclude elements from the design	No. Dashed lines cannot be used to exclude elements from the design and only clear lines are required to represent the element of said design.	No. Dashed lines/ broken-lines are always required by the examiner to be excluded from drawings. At present, partial designs are not acceptable by the Vietnamese patent office.
4.) Can dashed-dot-dashed ( . ) be used to show that the number of the element is not limited (e.g., “The dash-dot-dash lines indicate a repeating pattern of _Y_, wherein the _X_ _ may have _Y_ of any shape and number that follow this repeating pattern.”)	N/A	There is no specific stipulation relating to this matter. We are of opinion it can be used.	No. Dashed-dot-dashed ( . ) cannot be used to show that the number of the element is not limited.	Yes. It is possible.
5.) Can/should shading be used on the figures?	Not necessary	Shading can be used.	Shading can be used on the figures if it does not make the figures unclear.	No.
6.) Is there any required number of views? If yes, can further views also be presented?	No. However, we advise providing 8 views, i.e. perspective view, front view, rear view, top view, bottom view, right side view, left side view.	There is no limitation for the number of views. However, Registry recommends that a minimum of eight views should be included in the design application, i.e., Perspective view, front view, back view, left side view, right side view, bottom view and top views.	Yes. The Department of Intellectual Property Thailand (DIP) requires at least 7 views. Further views are also acceptable.	Yes. The 7 required views (for each embodiment) are: perspective, front, back, right side, left side, top, and bottom views. Further views are also acceptable to demonstrate the design (such as a photo/ drawing of a product comprising the part having the design).
7.) Are there any other points/issues that should be considered when preparing or filing a design application?	- Drawings need to be clear and if possible be provided in jpeg or similar formats. - Color cannot be protected in design - A power of attorney (ID Form 10) signed by the applicant must be filed at the time of filing. - Priority documents in languages other than English needs to be accompanied by a certified English translation. - Any application claiming priority shall be filed within six months from the priority date.	- At least a signed POA shall be available at the time of filing, information on inventor & its nationality is required. - Any application claiming priority shall be filed within six months from the priority date. - The design protection covers configuration, lines and shape, if there is any required colors to be protected, the application shall be filed based on the intended colors. However, we would recommend for black and white filing in order to have broader protection.	When preparing or filing a design application, drawings should be clear and related to all the views.	All the views (7 views) must be similarly proportionate (the same size) and are clear.
8.) Is there any standard of form language that should be included in a design application in any of the listed countries?	English is acceptable	The language shall be in Bahasa Indonesia.	The title of an application should be related to the product. However, in case of the title does not convey the product, the applicant might use the description depicting the product. Therefore, the title will be related to the drawings. The Applications must be filed in Thai and all documents must be translated into Thai.	Please use English.
9.) Are there any traps that we should avoid?	N/A	Protection on color design should be carefully considered.	Title and drawings should communicate to ordinary people in the way what the Applicant wants his design to get protected.	N/A

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