Register an invention in the area of measuring and testing in Vietnam?

1. Why should you register the invention in the area of measuring and testing?

Normally, it can take a lot of time, money and effort to create an invention, but the invention can be easily copied by other parties if the owner of the invention does have a proper protection method. In many different protection methods, registering the invention with competent state agencies is still one of the most effective methods and it is the first thing that the owner should think about after creating an invention. This administrative procedure can bring to the owner of the invention great benefits as below:

- Exclusive rights: The owner of the inventions will have exclusive rights to apply the invention into particular products/services and distribute them to the market. Other third parties cannot copy or exploit the invention without the permission of the owner.

- Establishing a position in the market: Through these exclusive rights, you can prevent other parties from using your protected patent for commercial purposes, thereby reducing competition and making you a strong leader in the market.

- Higher return on investment: By investing a significant amount of money and time in developing innovative products/services, your organization/company can commercialize these inventions, helping you get a higher return on your investment.

- Opportunity to license or sell the patent: If you choose not to commercialize the invention yourself, you may sell the patent or transfer the right to commercialize the patent to the other organizations/companies. This will also be a source of revenue for your organization/company.

- Strengthening the bargaining power: If your organization/company is negotiating to cooperate in a project through a business cooperation contract, your existing patent portfolio will significantly increase your negotiation power. It can increase the value of capital you contribute to the project, thus increasing the rate of profit you receive from that project.

- Positive image of your business: Business partners, investors and shareholders may find that your patent portfolio is a testament to the level of expertise, professionalism and competence of your business. This can be helpful in increasing access to funds, finding business partners and increasing the market value of your business.

2. What is an invention in the area of measuring and testing?

Provisions of Vietnamese intellectual property law define an invention in general and an invention the area of measuring and testing in particular is a technical solution that apply natural laws in solving specific problems. The technical solution can be in the form of a tool, an apparatus or a method in the area of measuring and testing.

Under the provisions of Vietnamese law, there are two types of patents: invention patent and utility solution patent.

In order to be identified as an invention/utility solution, the technical solution must meet basic requirements as below:

- It is novel;

- It is creative; and

- It is susceptible of industrial application.

Subjects not protected as inventions are specified in Article 59 of the Intellectual Property Law, specific as below:

- Inventions, scientific theories, mathematical methods;

- Diagrams, plans, rules and methods for performing mental activities, training pets, performing games, doing business; Computer Programs;

- Method of information presentation;

- Solutions of aesthetic characteristics only;

- Plant varieties, animal breeds;

- The production process of plants and animals is mainly of a biological nature, not a microbiological process;

- Methods of prevention, diagnosis and treatment of humans and animals.

Inventions will be classified into different classes under the International Patent Classification (IPC), based on their different nature and characteristics. Inventions in the area of measuring and testing are classified into Class G1 under the current version of IPC. This Class mostly include products, instruments, tools or methods in:

- Measuring length, thickness or similar linear dimensions, measuring angles, measuring areas, measuring irregularities of surfaces or contours;

- Measuring distances, levels or bearings, surveying, navigation, gyroscopic instruments, photogrammetry or videogrammetry;

- Measuring volume, volume flow, mass flow, or liquid level;

- Weighing;

- Measurement of mechanical vibrations or ultrasonic, sonic or infrasonic waves;

- Measurement of intensity, velocity, spectral content, polarisation, phase or pulse characteristics of infra-red, colorimetry;

- Measuring temperature, measuring quantity of heat, thermally sensitive elements;

- Measuring force, stress, torque, work, mechanical power, mechanical efficiency, or fluid pressure;

- Testing static or dynamic balance of machines or structures, testing of structures or apparatus;

- Investigating or analyzing materials by determining their chemical or physical properties;

- Measuring speed, acceleration, deceleration or shock;

- Scanning-probe techniques or apparatus; applications of scanning-probe techniques, e.g. scanning-probe microscopy;

- Measuring electric variables, measuring magnetic variables;

- Radio direction-finding; radio navigation;

- Measurement of nuclear or x-radiation;

- Geophysics, gravitational measurements, detecting masses or objects, tags;

- Meteorology;

3. How to register an invention in the area of measuring and testing in Vietnam?

A patent registration dossier for an invention in general and an invention the area of measuring and testing in particular shall include documents as below:

- Patent registration declaration (02 copies in accordance with prescribed form);

- Patent description (02 copies), which contains the following content: description; the protection request; and drawings or pictures of the invention (if any);

- Patent abstract (02 copies);

- Receipts of the prescribed fees and charges.

- In some particular cases, some related documents are also required, for example, the power of attorney, documents and papers proving registration rights, or priority;

4. The process of registering an invention in the area of measuring and testing in Vietnam?

After preparing a complete patent registration dossier, the applicant shall submit the application directly to the National Office of Intellectual Property (NOIP) in Ha Noi or NOIP’s representative offices in Da Nang city and Ho Chi Minh city. If not able to submit directly, you can also submit the application indirectly via postal services. Then the application will normally go through the following procedures to be granted a protection title:

Step 1. Formality examination: Your patent registration application shall be firstly assessed by NOIP in terms of formality requirement of the application. It normally takes 01 month to be done.

Step 2. Publication of the valid application: After being determined as a valid application, NOIP will publish your application in the Industrial Property Official Gazette in 18 months from the submission date.

Step 3. Substantive examination: Your patent registration application will continue to be processed through the substantive examination. The purpose of this step is to assess the protectability of objects stated in the applications under the protection conditions and corresponding protection coverage (volume). It usually takes about 18 months from the publishing date.

Step 4. Issuance of protection titles: This is the final step, after paying all the prescribed fees and charges, you will be granted an invention/utility solution patent.

5. Where to register an invention in the area of measuring and testing in Vietnam?

Currently, the Vietnamese intellectual property law stipulates that foreign entities (companies, organizations or individuals) shall only apply their inventions/utility solutions in Vietnam through official industrial property representative organizations. Minh Khue Law Firm has been recognised as an industrial property representative in Vietnam since August 2017, with the representative code is 226. We have helped many clients both in Vietnam as well as abroad to register their inventions successfully in Vietnam.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office is based in Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi city.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn;

Phone number: + 84986 386 648

The completed register dossier will be submitted at: National Office of Intellectual Property of Vietnam.

Address: 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan, Hanoi

6. Contact to register inventions in the area of measuring and testing in Vietnam?

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited