Table Of Contents

1. What are inventions in the area of microstructural technology, nanotechnology?

An invention in the area of microstructural technology, nanotechnology is defined as a technical solution in the form of a product or process that applies natural rules for the purpose to solve particular issues in the life. An invention can be registered and protected in the form of an Invention patent or Utility solution patent.

In general, an invention can only be granted a patent if it has the following criteria: novelty, creativity and the ability to be applied industrially. A solution or process shall not be granted a patent if it is:

- 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 inventions in the area of microstructural technology and nanotechnology are classified into Class B81, B82 of Subsection Microstructural technology, nanotechnology - Section B according to the International Patent Classification. This Subsection mainly includes inventions related to:

- Microstructural devices or systems, such as micromechanical devices;

- Devices without movable or flexible elements, e.g. microcapillary devices;

- Devices comprising flexible or deformable elements, e.g. comprising elastic tongues or membranes;

- Devices comprising elements which are movable in relation to each other, e.g. comprising slidable or rotatable elements

- Microstructural systems;

- Processes or apparatus specially adapted for the manufacture or treatment of microstructural devices or systems;

- Nanostructures formed by manipulation of individual atoms, molecules, or limited collections of atoms or molecules as discrete units, manufacture or treatment thereof;

2. Why should you register the inventions in the area of microstructural technology, nanotechnology in Vietnam?

Nowadays, microstructural technology and nanotechnology are very important areas in the world. There are more and more inventions in these areas of science and some inventions can be worth thousands or millions dollars because of their applicability in the future. Therefore, it is very important to pay attention to the protection of inventions in the area of microstructural technology and nanotechnology. After registering for a patent, company, organization or individual who is the owner of the invention will receive the following benefits:

- The owner will have the exclusive rights to use the invention. If the owner is a company, the company will have the exclusive right to manufacture products based on the invention. This advantage will enhance the position of a company in the market, thus limiting or eliminating the competitors in the market.

- If other companies, organizations or individuals use, copy the invention or manufacture products based on the invention without the consent of the owner, a patent will be a legal basis for the competent state agencies to identify the lawful owner and handle the infringements of other entities.

- A patent can be used as property to be contributed to capital of other companies or as collateral for the bank loans. A protected invention can be revealed for other companies, organizations or individuals without the risk of being copied or stolen.

- After being granted a patent, other entities may want to use the invention, in this case, the owner of the invention can receive more profit from transferring or licensing the inventions.

- Build the reputation and image for the company as an innovative company, thus making the company stand out from other companies in the market and attracting more customers to buy the products or services of the company.

3. How to register the inventions in the area of microstructural technology, nanotechnology in Vietnam?

A registration application for inventions in the area of microstructural technology and nanotechnology normally includes the following papers and documents:

- 02 Registration form for invention (according to the prescribed form);

- 02 Descriptions of Invention;

- 02 Requests for the Protection of invention/utility solution;

- Authorization letter (if any);

- Receipts of state fees and charges (if any);

- Agreement for the transfer of the right to apply (if any);

- Documents certifying the right to registration (if beneficiary from others);

- Documents proving the priority (if the invention registration application requires priority right).

4. Procedures of registration of inventions in the area of microstructural technology, nanotechnology in Vietnam?

The invention registration dossier can be filed directly to the official address of the National Office of Intellectual Property (NOIP) in Hanoi or to one of the representative offices of NOIP in Ho Chi Minh City or Da Nang City. If the applicant cannot submit directly, the dossier can also be submitted indirectly via postal services provided by post offices or couriers.

After receiving the application, the application will be reviewed by the NOIP through the following stages:

Stage 1: Appraisal of the form of the application

Stage 2: Publication of the application information

Stage 3: Appraisal of the content of the application

Stage 4: Issuance of the Patent for the invention

5. Where to register the inventions in the area of microstructural technology, nanotechnology n in Vietnam?

According to the current intellectual property law of Vietnam, foreign entities can only register their inventions in Vietnam through an industrial property representative. Many foreign, as well as domestic, clients have contacted and come to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, with the representative code is 226.

All the procedures will be carried out by the Intellectual Property Department of Minh Khue Law Firm 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 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

After the application is submitted, the National Office of Intellectual Property will record and issue the application number.

6. Contact to register the inventions in the area of microstructural technology, nanotechnology 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