Under the provisions of the current law and guiding documents, the invention is a product / technological process created by people, new and not what already exists, available in nature discovered by humans. The invention has the basic nature is technical characteristic because the invention is a technical solution, capable of being applied directly or through testing to be applied to production processes and practical life.
Minh Khue Law Firm will advise and guide clients some important legal issues that should be noted in the registration of inventions and inventions protection:
Invention registration, invention protection is a necessary job, ensuring the rights and benefits for the creators of products/inventions, not only on the legal basis but also on the practical basis. Because, when registering for invention protection, the invention owner will have the following rights and benefits:
- Prohibit other individuals, organizations and enterprises from using inventions without permission;
- Requesting competent state agencies to apply measures to prevent or handle infringements of patent ownership;
- Certificate of invention protection is a legal basis for resolving disputes related to inventions;
- Transfer of the right to use or transfer the ownership of inventions to other individuals or organizations to receive benefits or agreed by the parties;
- Invention protection title granted by a competent agency is the basis proving the sole ownership of the invention owner for that invention.
2. Conditions and requirements when registering an invention or patent protection
According to the law, in order to register for an invention or patent, the following criteria must be met:
First, the invention must be new compared to the technical level of the countries in the world and has not been publicly disclosed;
Second, the invention must be creative, is a new step, can not be created easily, not everyone can create it;
Third, the invention must be susceptible of industrial application, applied to production and life.
An invention that has the potential to be granted an Invention Protection title must meet the three criteria mentioned above simultaneously, in addition, the patent owner also needs to prepare correct, sufficient, valid dossier and at the same time, it is necessary to understand the process and procedures for registering invention protection in accordance with the law. This requires the owner to be knowledgeable about the law or need to consult the opinions of experts and intellectual property representative organizations to solve the problems that arise in the registration of patent protection.
>> See also: Decree No. 40/2015/ND-CP on penalties for administration violations on regulations of forest management, development, protection and forest product management
3. Service of invention registration of Minh Khue Law
3.1. Free online legal advice on invention protection registration
Minh Khue Law Firm provides clients with free online legal consulting services via hotline: 1900.6162
support and advice 24/7 all days of the week, including holidays. Through the online consulting call center, we advise you on the legal issues related to the registration of patent protection as follows:
- Counseling and answering questions about legal concepts related to inventions;
- Counsel conditions, standards as well as requirements for patent registration and patent protection;
- Counseling the provisions of the law on order and procedures for registration of patent protection;
- Advise and guide clients to prepare and complete patent registration documents;
- Advise and guide clients to handle and solve problems of wrongdoing, not complying with the authority of state agencies;
>> See also: Circular No. 11/2015/TT-BTP guiding the registration and provision of online information on secured transaction, contract and notification of property record for judgment enforcement
- Guiding clients to respond to official letters, respond to official letters of competent state agencies;
- Consult all legal issues after the invention is granted a Patent for invention as prescribed;
- In addition, we also advise on other issues in the field of intellectual property, especially industrial property such as registration of industrial design protection, registration of trademark protection, brand, logo protection, as well as registration for copyright and related rights protection, ...
3.2. Service of registration of invention protection
When clients want to use the registration service for patent protection of Minh Khue Law Firm, we will perform the work corresponding to each stage as follows:
>> See also: Decision No. 4198/1999/QD-BYT promulgating the list of foreign-made vaccines and immune bio-products to be considered by the Ministry of Health for granting of registration numbers for circulation
- Stage 1: Prepare documents for invention registration and invention protection
During this period, we will prepare all documents and paper included in the patent registration dossier for customers, including:
+ Prepare a declaration for registration of invention protection according to a form issued by the state agency. Customers need to provide information about the identity of the invention owner so that we can complete the declaration such as: full name and identity card number / citizen identification; date of birth, permanent address, current residence, phone number, email, ...
+ Invention Description and Summary: This document is provided by the client, if assistance is needed in terms of description, summary, team of lawyers Intellectual property of Minh Khue Law Firm is always available to support clients.
+ Receipt on patent registration and patent protection filed with state agencies;
+ Authorization for Minh Khue Law to carry out procedures for registration of patent protection.
Benefits when clients ask Minh Khue Law Firm to complete registration documents: With a team of experienced lawyers with deep expertise, we will help clients save time, registration costs, with efficient and quality, we are committed to providing patent registration documents properly, sufficiently and accurately in accordance with the law.
- Stage 2: Submit application for invention protection
>> See also: Circular No. 213/2000/TT-BGTVT guiding the implementation of a number of articles of the Government’s Decree No. 172/1999/ND-CP detailing the implementation of the ordinance on protection of traffic works with regard to land road traffic works
When clients use the invention registration and invention protection service of Minh Khue Law, we will also represent / on behalf of the client to submit a patent registration application at the only competent state agency in Vietnam is the National Office of Intellectual Property at address 384-386, Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi city.
Note: Clients can still apply for patent protection directly or by mail to the National Office of Intellectual Property or one of two representative offices in Da Nang city and Ho Chi Minh city. However, no matter where and how to file it, only the National Office of Intellectual Property considers and evaluates your application for protection, which is only available in Hanoi, so to save saving time, cost, and not having to wait long queues when filing, or not rest assured when sending documents by post (slow, possibly lost or misplaced records), we recommend clients should use the services of Minh Khue Law with the company's head office at Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi, near the National Office of Intellectual Property.
- Stage 3: Monitoring the application file for invention and patent protection
After submitting the application file for invention registration, invention protection, the team of lawyers, experts and experts of Minh Khue Law Firm's Intellectual Property Department will follow up the client's dossier in each evaluation period such as period of application form (about 1 month from the filing date), the period of content examination of an application for invention protection (about 18 months from the date of valid application form).
During this period, we will prepare letters, respond to requests from experts, inform you about the need to amend, supplement or amend the invention (if required by expert). At the same time, we will also handle violations from experts or competent agencies in accordance with the law.
Note: The total time to register for invention protection in practice if the client is self-performing can last up to 24 months or even longer. If the client uses our service, the registration period of invention protection can be shortened to a maximum, from 14 months to 18 months.
>> See also: Chủ nghĩa bảo hộ (protectionism) là gì ?
4.1. Cost of invention registration and invention protection
Invention registration and invention protection costs include two basic expenses:
- State costs are mandatory costs when the patent owner carries out procedures for registration of invention protection. The high or low cost of state depends on invention protection requirements and the number of pages of the invention description in accordance with the general regulations issued by the Ministry of Finance. State costs when registering for invention protection include registration filing fee, protection title granting fee and patent protection and use charge.
- Cost of using invention registration and invention protection services (not required if clients do not use the service). The service cost of each service supplier is different, for each invention that wants to register for protection, for the most detailed and accurate information, please contact Minh Khue Law Firm through One of the ways below.
Head office address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.
Phone number: 1900.6162
(meet lawyer To Thi Phuong Dzung)
>> See also: Decree No. 23/2013/ND-CP dated March 25, 2013 of the Government amending, supplementing some articles of the Decree No. 45/2011/ND-CP dated June 17, 2011 of the Government on registration fee
Thank you for your cooperation!
Intellectual Property Department - Minh Khue Law Company