Register an invention in the area of optics, photography, cinematography, electrography, and holography in Vietnam?

1. Why should you register the inventions in the area of optics, photography, cinematography, electrography, and holography?

Registering an invention with the National Office of Intellectual Property is the administrative procedure prescribed under the Vietnamese Intellectual Property in order to get recognition of the State for that particular invention. This procedure is one of the most useful means to protect an invention from being copied or even stolen by other organizations/companies. In modern life, it can be easy to copy an invention within a short time while it would cost much more effort, time and money to create the invention by yourself. We can point out some of the most outstanding benefits of registering an invention as below:

- Being granted exclusive rights: After being issued a protection title, the owner of the inventions can exclusively exploit the invention by manufacturing and selling some products that are based on the invention. Other organizations or companies shall not apply your invention into their products unless they have your permission.

- Strengthening your company’s position in the market: The exclusiveness of the company that owns a registered invention will result in the reduction of competition from other competitors, thus, strengthening its leading position in the market.

- Legal basis for proving your ownership over the invention: When the owner of an invention is aware of an act of counterfeiting or imitation of the invention for the purpose of unfair competition, he/she has the right to request the involvement of the competent State authorities to investigate and handle violations.

- Receiving more return on investment: Most inventions require a huge amount of effort, time as well as money. By registering and commercializing an invention, the owner of the invention can receive a higher return on the previous investment in the invention. Besides, if the owner of the invention cannot afford or just does not want to commercialize the invention by himself/herself, he/she may get benefits from licensing or selling the patent to the other organizations/companies.

- Negotiation power: A registered invention can increase the value of your company, thus increasing your negotiation power if you are negotiating to cooperate in a project through a business cooperation contract.

- Positive image for your company/organization: Business partners, investors and shareholders usually consider a patent as proof of your professionalism, expertise and competence. This advantage will increase the chance of success in fundraising, finding business partners and marketing plans.

2. What is an invention in the area of optics, photography, cinematography, electrography, and holography?

Under the Law on intellectual property of Vietnam, inventions in general are defined as technical solutions that apply laws of nature in order to solve particular problems. Accordingly, inventions in the area of optics, photography, cinematography, electrography, and holography are technical solutions that apply laws of nature to solve problems in this area. These technical solutions can be in the form of new products, apparatuses, tools or new methods, processes.

There are two types of patents: invention patent and utility solution patent.

Technical solutions can only be determined as inventions/utility solutions if they satisfy the basic requirements prescribed by law as below:

- The technical solution is novel;

- The technical solution is creative; and

- The technical solution is susceptible of industrial application.

According to Article 59 of the Law on Intellectual Property, the following objects shall not be eligible for protection as inventions:

- Scientific discoveries or theories, mathematical methods.

- Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.

- Presentations of information.

- Solutions of aesthetic characteristics only.

- Plant varieties, animal breeds.

- Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.

- Human and animal disease prevention methods, diagnostic and treatment methods.

The International Patent Classification (IPC) is an international system to classify inventions into different categories and classes depending on their characteristics and natures. Under the current version of IPC, inventions in the area of optics, photography, cinematography, electrography, and holography are classified into Class G02 and G03. These Classes mostly cover products, instruments, tools or methods in:

- Optical elements, systems, or apparatus;

- Spectacles, sunglasses or goggles insofar as they have the same features as spectacles; Contact lenses;

- Devices or arrangements, the optical operation of which is modified by changing the optical properties of the medium of the devices or arrangements for the control of the intensity, colour, phase, polarisation or direction of light, e.g switching, gating, modulating or demodulating; techniques or procedures for the operation thereof; frequency-changing; non-linear optics; optical logic elements; optical analogue/digital converters;

- Apparatus or arrangements for taking photographs or for projecting or viewing them; apparatus or arrangements employing analogous techniques using waves other than optical waves; accessories therefor;

- Photosensitive materials for photographic purposes; photographic processes, e.g cine, x-ray, colour or stereo-photographic processes; auxiliary processes in photography;

- Apparatus for processing exposed photographic materials;

- Photomechanical production of textured or patterned surfaces, e.g. for printing, for processing of semiconductor devices; materials therefor; originals therefor; apparatus specially adapted therefor;

- Electrography; electrophotography; magnetography;

- Holographic processes for apparatus;

3. How to register an invention in the area of optics, photography, cinematography, electrography, and holography in Vietnam?

An invention registration dossier normally shall at least include the following documents:

- 02 copies of Patent registration declaration;

- 02 copies of Patent description, the description shall contain the following parts: the description parts; the protection request; and the drawings or illustration of the invention (if any);

- 02 copies of Patent abstract;

- Fees and charges receipts;

- Some related documents are also required in some specific case such as the power of attorney, documents and papers proving registration rights, or priority;

4. The process of registering an invention in the area of optics, photography, cinematography, electrography, and holography in Vietnam?

A patent registration dossier for an invention in the area of optics, photography, cinematography, electrography, and holography can be submitted directly to the National Office of Intellectual Property (NOIP) in Ha Noi or its representative offices in Da Nang city and Ho Chi Minh city. In addition, the dossier can also be submitted indirectly via postal services. After being received by the NOIP, your application will be examined in the following stages:

First stage. Formality examination: The application will be examined firstly in terms of the formality requirement of the application in accordance with provisions of law. The normal processing time of this stage is 01 month.

Second stage. Publication of the application: At the end of the first stage, NOIP shall determine whether the application is valid or invalid. If it is a valid application, the NOIP will publish the information of the application in the Industrial Property Official Gazette in 18 months from the submission date.

Third stage. Substantive examination: The application will continue to be examined in terms of its content and this stage called substantive examination. The purpose is to fully examine the protectability of invention stated in the applications under the protection conditions and corresponding protection scope. The processing time of this stage is usually about 18 months from the publishing date.

Final stage. Issuance of protection titles: In this final stage, the applicant will receive a protection title after paying all the prescribed fees and charges.

5. Where to register an invention in the area of optics, photography, cinematography, electrography, and holography 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 optics, photography, cinematography, electrography, and holography 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 Limite