1. Why should you register the inventions in the area of building?

The building industry has contributed a lot to the development of every country in the world in general and to the development of Vietnam in particular. With that important role, this area always attracts many governments as well as companies to invest in it, to research and invent new inventions in order to improve the efficiency of the buildings. And it is very important to protect these inventions because the inventions may have very big value both in terms of society and the economy. Along with different methods, registering an invention with the authority always is one of the most effective methods to protect the invention. This method will bring huge advantages for the owner of the invention, we can point out these advantages as below:

- First of all, it is the legal protection for an invention. After registering and being granted a patent (a protection title), the ownership of the invention will be recognized and protected by competent state agency. The owner will have the exclusive rights to use and exploit the invention in a certain period of time and no other party can use or copy the invention unless it has the permission of the owner. If there is any party violates these exclusive rights, the owner can ask competent state agencies to handle the infringement and settle the dispute.

- With that protection, the patent also establishes a competitive advantage and a strong position for your company in the market. The exclusive rights granted by the patent will prevent other competitors from commercializing your patented invention, thus reducing competition significantly.

- By applying the invention in productions of specific products/services, these products/services will attract more customers because customers often love the innovations. Your company will be able to sell more products/services at a higher price than ordinary products/services.

- You will also have the opportunity to license or sell the patent when you do not want to commercialize it by yourself. In that case, you can get a huge amount of money from selling the invention or you can get a passive income source from authorizing (licensing) other parties to use and exploit the invention.

- Finally, the patent will create a positive image for your company. Business partners and investors will see the patent as a demonstration of the innovation, high level of expertise. You will have a huge advantage in fundraising, finding business partners and raising your company's market value.


2. What are inventions in the area of building?

An invention is a technical solution in the form of a product or a process aimed at solving a specific problem by the application of natural laws (according to Clause 12, Article 4 of the Law on Intellectual Property of Vietnam). Technical solution means a new structure, method or substance or uses an old structure or method for a new function.

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As such, inventions exist primarily through two forms of technical solutions, products and processes, through which they enable human society to go through tremendous progress, increasingly more civilized and modern.

The inventions in the area of building can be protected in the form of Invention Patents or Utility Solution Patents, with the conditions that the invention shall meet the following general requirements:

- It is new;

- It is creative;

- It is capable of industrial application.

According to the current version of International Patent Classification, inventions in the area building are classified into Class E04, Section E, which mainly contains inventions as below:

- Constructions in general; Structures which are not restricted either to walls, e.g. partitions, or floors or ceilings or roofs;

- Walls, e.g. partitions, for buildings; Wall construction with regard to insulation; Connections specially adapted to walls;

- Floors; Floor construction with regard to insulation; Connections specially adapted therefor;

- Roofs; Roof construction with regard to insulation;

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- Ceilings; Construction of ceilings, e.g. false ceilings; Ceiling construction with regard to insulation;

- Building elements of block or other shape for the construction of parts of buildings;

- Building elements of relatively thin form for the construction of parts of buildings, e.g. sheet materials, slabs, or panels;

- Reinforcing elements, e.g. for concrete; Auxiliary elements therefor;

- Roof coverings; sky-lights; gutters; roof-working tools;

- Sunshades; Awnings; Stairways, ramps; Coverings or linings, e.g. for walls or ceilings; Vertical ducts; Channels, e.g. for drainage; etc..;

- Scaffolding; form; shuttering; building implements or other building aids; handling building materials on the site; repairing, breaking-up or other works on existing buildings;

- Building or like structures for particular purposes; swimming or splash baths or pools; masts; fencing; tents or canopies;

3. How to register the inventions in the area of building in Vietnam?

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In general, the applicant shall have to prepare a patent registration dossier for inventions in the area of building with the documents as below:

- 02 copies of Patent Application Form;

- 02 copies of Detail Explanation of the Patent;

- 02 copies of Brief Summary of the Patent (can be submitted later);

- 02 copies of Protection Request of the Patent;

- Receipt of payment of the state fees (if any);

- Related documents in particular cases such as documents to prove the priority right, the right to register the patent (if any), or power of attorney (if any), etc.

4. The process of registration for inventions in the area of building in Vietnam?

Under the provisions of Vietnamese intellectual property law, in order to be granted a patent, the application of patent registration for inventions in the area building shall go through the stages as below:

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Stage 1: The applicant submits the patent registration application to the National Office of Intellectual Property (NOIP) in Ha Noi or its representative offices in Da Nang and Ho Chi Minh City (directly or indirectly via post).

Stage 2: The NOIP will appraise the form of the patent registration application.

Stage 3: If the application is valid, NOIP will publish the application in the Industrial Property Official Gazette.

Stage 4: The NOIP will appraise the content of the patent registration application.

Stage 5: An Invention/Utility solution Patent will be granted after all state fees are paid fully and promptly.

5. Where to register the inventions in the area of building in Vietnam?

Vietnamese intellectual property law requires foreign companies, organizations 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 inventions 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.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

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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 building 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

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Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limite

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