1. What are inventions in the area of agriculture, forestry, animal husbandry, hunting, trapping, fishing?

Inventions in the area of the agriculture, forestry, animal husbandry, hunting, trapping, fishing are defined as technical solutions in the form of products or processes for the purpose to solve particular issues in the life by applying natural rules. There are two types of patent: Invention patent and Utility solution patent.

In general, an invention can only be granted an Invention patent if it has the following criteria: novelty, creativity and the ability to be applied industrially. The invention is protected in the form of a an Utility solution patent if it is not common knowledge and has following conditions: novelty and the ability to be applied industrially.

A object 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 agriculture, forestry, animal husbandry, hunting, trapping, fishing are classified into Class A01 of Subsection Agriculture - Section A according to the International Patent Classification. This Subsection mainly includes some inventions as below:

- Hand tools (edge trimmers for lawns);

- Ploughs, harrows and other machines for working soil such as: clod-crushers, rollers, drags, tilling implements with rotary driven tools, devices for loosening soil compacted by the wheels or the lile, thinning machines, gatherers for removing stones, machines for treating meadows or lawns, soil-working with electric potential applied between tools and soils;

- Parts, details or accessories of agricultural machines or implements, in general;

- Potato planters, transplanting machines, fertilizer distributors;

- Hand-cutting implements for harvesting;

- Non-abrasive sharpening devices for scythes, sickles, or the like;

- Containers for whetstone for use during harvesting;

- Rake, forks;

2. Why should you register the inventions in the area of agriculture, forestry, animal husbandry, hunting, trapping, fishing in Vietnam?

Along with the development of the country, agriculture, forestry, animal husbandry, hunting, trapping, fishing are very important areas in Vietnam. There are so many inventions has been created in these areas and the competitiveness in the markets related to these areas is really intense. Companies, organizations or individuals who own inventions in these areas should carry out the procedure of invention registration in order to receive benefits as below:

- Enhance the competitive advantages and the position of the company in the market by securing the exclusive rights of the invention owner in using and manufacturing products and providing services based on the invention. The patent will prevent other companies, organizations or individuals from using the inventions without the consent of the owner.

- Establish a legal basis for the competent state agencies to handle the infringements of other companies, organizations, individuals and to identify the lawful owner in case of dispute related to the inventions.

- The owner can use the patent as property to be contributed to capital of other companies or to be transferred, licensed in order to get extra profits.

- 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 agriculture, forestry, animal husbandry, hunting, trapping, fishing in Vietnam?

According to the provisions of intellectual property law of Vietnam, a dossier of inventions registration for products or processes in the area of agriculture, forestry, animal husbandry, hunting, trapping, fishing shall include papers and documents as below:

- 02 originals of Declaration form for invention registration (according to the prescribed form issued by the competent state agency);

- 02 originals of Invention descriptions;

- 02 originals of Request forms for Protection of invention/utility solution;

- Power of attorney (if any);

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

In certain cases, the dossier also includes some documents such as transfer contract of the right to apply, documents certifying the right to registration (if beneficiary from others), or documents proving the priority (if the invention registration application requires priority right).

4. Procedures of registration of inventions in the area of agriculture, forestry, animal husbandry, hunting, trapping, fishing in Vietnam?

The invention registration dossier normally is filed directly to the official office of NOIP in Ha Noi or to one of its representative offices in Da Nang or Ho Chi Minh city. However, if the applicant cannot apply directly in the above cities, the applicant can submit the dossier indirectly via post office or couriers.

After receiving the invention registration application, the NOIP will start to appraise the application with the following phases:

Phase 1: Appraise the application in terms of the form

Phase 2: Publish the application information in the Industrial Property Official Gazette

Phase 3: Appraise the content of the application

Phase 4: Grant the Patent for the invention

5. Where to register the inventions in the area of agriculture, forestry, animal husbandry, hunting, trapping, fishing in Vietnam?

According to the provisions of intellectual property law, foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam. Clients can contact 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 agriculture, forestry, animal husbandry, hunting, trapping, fishing 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