1. Why should you register the inventions in the area of construction of roads, railways or bridges?

The development of transportation is one of the most important keys that determine the development of a society. And in this industry, the area of construction of roads, railways and bridges plays a very significant role. This is a million-dollar-industry and the inventions in this area also have very high economic value. Therefore, every company, organization or individual who owns an invention should pay adequate attention to the protection of invention by registering the invention with the authority. This procedure is especially important in Vietnam where the violations of intellectual property rights still occur regularly. A patent for a registered invention will bring the following advantages to the owner:

- The registration of an invention will create a significant competitive advantage for a company and strengthen its position in the market by granting exclusive rights to apply the invention in the production of specific products. These exclusive rights will protect the invention from being used by another third party without the permission of the owner.

- It also establishes an important legal basis for the competent state agencies to determine who is the lawful owner of an invention if there is a dispute related to the ownership of the invention. Moreover, if there is a third party violates the intellectual property rights of the owner, the patent will be a basis for the owner to ask the competent state agency to handle such violation and claim for damage compensation.

- The owner of a registered invention will receive economic benefits from selling more products/services that are based on the invention with higher prices. People often love new technologies, therefore, the invention will attract more customers. One of the other ways to make more money is to sell the patent or license other third parties to use the invention with licensing fees.

- Finally, a patent of a registered invention can be used to contribute to other companies’ capital or business projects as an asset of the owner.

2. What are inventions in the area of construction of roads, railways or bridges?

Under the provisions of the law on intellectual property of Vietnam, inventions are defined as technical solutions that apply the natural principles with the purpose is solving particular issues. These technical solutions can be presented in the form of new materials, products or new machines, methods, processes applied for the manufacture or treatment of specific materials or products.

Inventions can be protected in the form granting Invention Patents or Utility solution Patents, provided that the inventions must meet the following general conditions:

- It is novel;

- It is creative;

- It is susceptible of industrial application.

According to the International Patent Classification, based on characteristics of inventions, they are sorted out into different Classes. And under the newest version of the International Patent Classification, inventions in the area of construction of roads, railways or bridges are classified into Class E01, Section E. This Class cover the areas as below:

- Structure of the permanent way for railways or tramways;

- Making, maintaining, renewing, or taking-up the ballastway or the track; Tools or machines specially designed therefor;

- Structure of roads, playgrounds, sports grounds, airfields;

- Machines, tools or auxiliary devices for constructing or repairing the surfacing of roads or like structures;

- Bridges in general; Methods or apparatus specially adapted for erecting or assembling;

- Arrangement or construction of additional equipment for roads or railways; Landing stages for helicopters;

- Arrangements for facilitating the use of roads;

- Street cleaning; cleaning of permanent ways; cleaning beaches; cleaning land; dispersing fog in general;

3. How to register the inventions in the area of construction of roads, railways or bridges in Vietnam?

According to the requirements of intellectual property law, a dossier of patent registration for inventions in the area of construction of roads, railways or bridges shall contain the following documents and papers:

- Declaration Forms of Invention (02 copies);

- Descriptions of Invention and Protection Request of Invention (02 copies each);

- Summaries of Invention (02 copies and these copies can be submitted later);

- Payment receipt of the application fees and charges (if any);

- Other related papers for specific cases such as the documents to prove the priority right, the right to register (if any), or power of attorney (if any), etc.

4. The process of registration for inventions in the area of construction of roads, railways or bridges in Vietnam?

An application of patent registration for inventions in the area of construction of roads, railways or bridges normally is submitted and appraised through procedures as below:

Stage 1: The application of patent registration is submitted to NOIP or its representative offices (directly or indirectly via post).

Stage 2: The application of patent registration is appraised in terms of formal requirements.

Stage 3: The application of patent registration is published in the Industrial Property Official Gazette.

Stage 4: The application of patent registration is appraised in terms of its content.

Stage 5: An Invention/Utility solution Patent shall be issued if the application meets all the requirements and the applicant paid all the state fees and charges.

5. Where to register the inventions in the area of construction of roads, railways or bridges in Vietnam?

The current intellectual property law of Vietnam requires foreign companies or individuals to apply through industrial property representative organizations if they want to register their inventions in Vietnam. Minh Khue Law Firm is an industrial property representative which was licensed from August 2017 by the NOIP, with the representative code is 226. We helped a lot of clients register their invention successfully in Vietnam as well as in other countries in the world.

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 the area of construction of roads, railways or bridges 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