1. Why should you register the inventions in sports, games and amusements in Vietnam?

Along with the development of the economy, the demand for sports, games and amusements also increase over the last decades. Therefore, there are more companies doing business in these are as well as investing more in researching new inventions in sports, games and amusements. However, it is also easier nowadays to copy or steal inventions and companies also need to pay more attention to the registration of inventions in order to protect them from competitors. By registering an invention, the owner of the invention can receive outstanding advantages as below:

Firstly, invention registration will protect your invention from being copied or stolen illegally by other competitors in the market. The patent will grand the owner of invention exclusive rights to use, distribute and manufacture products based on the technical solution of the invention. No company, organization or individual has the right to use the invention without the consent of the owner of the invention. This creates a great competitive advantage for the company that owns the invention and enhances its position in the market.

Secondly, in case there are disputes related to the ownership of the invention, competent state agency will base on the granted a patent to resolve and provide appropriate action. The patent will be an important legal basis to prove the invention ownership and handle violations, claim compensation for infringed inventions.

Thirdly, the invention will ensure the sustainable development of a company. It will increase revenue significantly by selling more products and services based on the invention. The company will also receive more profit from transferring or licensing of the invention.

Fourthly, the owner of the invention can use the patent as a property to contribute to the capital of other companies or investment projects. The authority also recognizes the invention as capital only after it is registered with the competent state agency.

Finally, the registration of invention will create a good impression on customers as well as business partners of the company, thus increasing the chance of success for business activities.

From the above advantages, you can see how important it is to register your inventions as soon as possible.

2. What are inventions in sports, games and amusements?

Generally, an invention is defined as a technical solution that is a collection of necessary and sufficient information on technical ways and/or technical methods (applying natural laws) to solve a specific task (or a problem).

Technical solutions may be one of the following forms:

(i) Products:

- Products in the form of objects, e.g. tools, machines, equipment, components, circuits, etc., represented by a set of information identifying an artificial product characterized by technical signs (characteristics) of structures, products have the function as a means to meet certain human needs; or

- Products in the form of substances (including single substances, compounds and mixtures), e.g. materials, foodstuffs, pharmaceuticals, etc., represented by a set of information identifying an artificial product characterized by technical signs (characteristics) of the presence, ratio and state of the elements, function as a means to meet the specific human needs; or products in the form of biological materials, for example genes, genetically modified plants / animals, etc., represented by a collection of information about a product containing genetic information modified under the influence human, capable of regenerating itself;

(ii) The process or method (of manufacturing; diagnostic, predictive, inspection, handling, etc.) is represented by a set of information that identifies how to carry out a specific process, task, characterized by signs (characteristics) of the order, participants, measures, means of performing the operation to achieve a certain purpose.

An invention is protected in the form of an Invention patent or Utility solution patent and it must meet the following conditions:

- It is novel;

- It is creative;

- It can be applied industrially.

Based on nature and characteristics of inventions, inventions in sports, games and amusements are classified into Class A63 of Section A according to the provisions of the International Patent Classification. This Class covers particular products or methods as below:

  • Gymnastic exercising apparatus;
  • Apparatus for climbing poles, trees; for mountaineering;
  • Swimming equipment; Balls; Rackets, bats, or other accessories for ball games; Golfing accessories;
  • Skates; Accessories for skating; Skis or snowboards; Snow shoes; Roller skates; Skate-boards;
  • Installations for bowling games, e.g. bowling-alleys or bocce courts
  • Games of pins, e.g. ninepins with tethered balls; Billiards, e.g. carom billiards or pocket billiards; Billiard tables;
  • Card games; Board games; Raffle games; Roulette games; Video games;
  • Merry-go-rounds or roundabouts; Rocking-horses; Chutes; similar devices for public amusement;
  • Toys, dolls; hoops; building blocks;
  • Devices for theaters, circuses;
  • Race-courses; Race-tracks; Equipment or accessories for racing or riding sports;

3. How to register the inventions in sports, games and amusements in Vietnam?

According to the provisions of law, the registration dossier of inventions in sports, games and amusements shall have the documents and papers as below:

- Patent Registration Forms (02 copies according to prescribed form);

- Summary of Invention/utility solution (02 copies);

- Request for Invention/utility solution protection (02 copies);

- Description of Invention/utility solution (02 copies);

- Notarized copy of Business Registration Certificate or Citizen Identity Card of the applicant;

- The payment receipts of the state fees and charges (if any);

- Letter of Authorization (if registering through an industrial property representative organization);

4. The process of registration for inventions in sports, games and amusements in Vietnam?

The applicant can submit the invention registration dossier in one of two ways as below:

First, the applicant can directly submit the dossier at the address of the National Office of Intellectual Property (NOIP) in Hanoi City or its representative offices in Da Nang City and Ho Chi Minh City. The procedure takes only one morning or afternoon.

Second, the applicant can also submit the dossier indirectly to one of the above places via post offices or couriers. The submitting time is about a few days, depending on the delivery time of the post offices or couriers.

After submitting the application dossier, the applicant will receive an application number and the applicant will be assessed through the following stages:

First stage: The invention registration application will be assessed by the competent state agency in terms of formal conditions.

Second stage: The application information will be published in the Industrial Property Official Gazette

Third stage: The application will continue to be assessed by the competent state agency in terms of its content.

Fourth stage: The applicant will pay all the fees and receive the Invention/Utility solution patent.

5. Where to register the inventions in sports, games and amusements in Vietnam?

The current Vietnamese intellectual property law only allows foreign companies or individuals to register their inventions in Vietnam through an industrial property representative in Vietnam. Minh Khue Law Firm has helped many foreign as well as domestic clients to register their inventions in Vietnam as well as abroad. Since August 2017, Minh Khue Law Firm has been licensed as an industrial property representative with the representative code is 226.

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

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 the inventions in sports, games and amusements 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