One of the conditions for protection of industrial design is the industrial design must be new ( the fact that most of the applications for registration of industrial designs was deemed not to meet the criteria for protection is by no novelty ), in particular to a significant difference with the industrial design has been disclosed in the form of use , described in writing or any other form of domestic or overseas before filing or priority date if the application for registration of industrial designs have been awarded priority.

Two industrial designs are not considered significantly different from each other if they only differ in the features which are not easy to recognize , remember and can not be used to distinguish two industrial designs ; conversely, two industrial designs are considered to be significantly different from each other if either has at least one basic features which are not available in the remaining industrial design .

An industrial design shall not be regarded as lacking of novelty if it was published in the following cases provided that application for registration of industrial design to be submitted within six months from the date of publication : industrial design with other people published without permission of the right holder register ; person who is entitled to registration published the industrial design as scientific reports ; industrial design registered by right holder is exhibited at a national exhibition of Vietnam or at an official international exhibition or officially recognized