1. Why should you register the inventions in the area of medical, veterinary or hygiene science in Vietnam?

Along with the development of the global economy, the areas of medical, veterinary or hygiene science have developed significantly over the last decades. Countries, companies, organizations around the world are investing more and more in researching and creating inventions in order to meet the demand and deal with new problems in terms of health care. In a context like that, it is very important to protect the inventions because inventions in these areas can create huge value as well as impacts on society. One of the best ways to do that is to register the inventions with the authority. By registering the inventions, the owner of the invention can receive the following great benefits:

  • Protect the inventions from being used or stolen illegally by other companies, organizations or individuals. Losing the invention can increase the chance of unfair competition and cause huge damage to the owner of the invention. By registering the invention, sustainable development and the position of the company in the market will be secured.
  • Create and enhance the competitive advantages for the owner of the inventions. The company, organization or individual who owns the invention will have exclusive rights to apply technical solutions, methods or processes of inventions to manufacture specific products.
  • Establish the legal basis to protect invention owners, prove the ownership and handle infringements, claim compensation for violated inventions. Along with the development of the technology, there are more ways to copy or steal an invention and it often occurs more disputes related to the ownership of the invention. If the invention has not been registered with the competent state agency, it would be really difficult to prove the ownership and the author of the invention may lose the invention.
  • Increase the revenue significantly for the company from selling the products and services based on the invention as well as bring more income from transferring or licensing of the invention.
  • Owners of inventions can use the patent as a property to contribute to the capital of other companies or investment projects.
  • Increase the chance of success for business activities because registering invention will create a good impression for business partners as well as customers of the company.

2. What are inventions in the area of medical, veterinary or hygiene science?

The intellectual property law of Vietnam defines inventions are technical solutions that apply natural principles for the purpose of resolving particular problems in our life. These solutions can be a combination of knowledge and techniques that presented in the forms of products, apparatuses, equipment or technical processes and methods. In general, technical resolutions can be protected in the form of Invention patents or Utility solution patents, with the following conditions:

- It is novel;

- It is creative;

- It can be applied industrially.

According to the International Patent Classification, inventions are classified into different Classes based on their nature and characteristics. The inventions in the area of medical, veterinary or hygiene science are classified into Class A61 of Section A, which includes particular products or methods such as:

  • Instruments for performing medical examinations of the interior of cavities or tubes of the body by visual or photographical inspection, e.g. endoscopes;
  • Apparatus for testing the eyes; Instruments for examining the eyes;
  • Apparatus for radiation diagnosis, e.g. combined with radiation therapy equipment;
  • Diagnosis using ultrasonic, sonic or infrasonic waves;
  • Surgical instruments, devices or methods, e.g. tourniquets;
  • Computer-aided surgery; Manipulators or robots specially adapted for use in surgery;
  • Surgical gloves; Finger-stalls specially adapted for surgery; Devices for handling or treatment thereof;
  • Dental tools or instruments; Dental prostheses;
  • Devices for cleaning, polishing, rinsing or drying teeth, teeth cavities or prostheses;
  • Surgical instruments for veterinary use; Instruments for treating animals' teeth; Bandages, poultices, compresses specially adapted to veterinary purposes;
  • Filters implantable into blood vessels; Prostheses, i.e. artificial substitutes or replacements for parts of the body; Appliances for connecting them with the body; Devices providing patency to, or preventing collapsing of, tubular structures of the body, e.g. stents;
  • Bandages, dressings or absorbent pads; First-aid kits;
  • Ambulance aspects of vehicles; Vehicles with special provisions for transporting patients or disabled persons, or their personal conveyances, e.g. for facilitating access of, or for loading, wheelchairs;
  • Funeral devices such as Coffins; Funeral wrappings; Funeral urns;
  • Containers specially adapted for medical or pharmaceutical purposes;
  • Cosmetics or similar toilet preparations; Medicinal preparations;
  • Electrotherapy; Magnetotherapy; Radiation therapy; Ultrasound therapy;

3. How to register the inventions in the area of medical, veterinary or hygiene science in Vietnam?

According to the provisions of law, a dossier of registration application for inventions in the area of medical, veterinary or hygiene science includes the following documents:

- 02 copies Patent Registration Forms ;

- 02 copies Invention/utility solution protection request;

- 02 copies Invention Description;

- 02 copies Invention/utility solution summary;

- Power of attorney (if register through an industrial property representative organization);

- Notarized copy of Business Registration Certificate, Citizen Identity Card;

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

4. The process of registration for inventions in the area of medical, veterinary or hygiene science in Vietnam?

The applicant can choose one of the following ways to submit the invention registration application. The first way is to file the application directly at the official office of the National Office of Intellectual Property (NOIP) in Hanoi City or representative offices of NOIP in Da Nang City and Ho Chi Minh City and this way will take only one morning or afternoon to be done. The second way is to submit the application indirectly to the above places by post offices or couriers and it may take a few days depending on the delivery time.

After receiving the application dossier, the competent state agency will issue an application number for the applicant and start to process of examination of the application with the following stages:

First stage: The form of the application will be examined by the NOIP (within 01 month).

Second stage: The NOIP will publish information on the application in the Industrial Property Official Gazette (within 02 months)

Third stage: The content of the application will continue to be examined by the NOIP (within 18 months).

Fourth stage: The NOIP will grant a protection title for the Invention/Utility solution patent.

5. Where to register the inventions in the area of medical, veterinary or hygiene science in Vietnam?

If foreign companies or individuals want to register their inventions in Vietnam, they can only register through an industrial property representative in Vietnam according to the provisions of Vietnamese law. Many foreign as well as domestic clients contacted and were helped by Minh Khue Law Firm to register their inventions in Vietnam. 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 the area of medical, veterinary or hygiene science 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