1. Why should you register the inventions in the area of organic chemistry in Vietnam?

Organic chemistry is a science that studies the structures, characteristics, components, how to react, how to synthesize organic compounds and organic materials as well as many different substances that contain carbon atoms. The inventions in the area of organic chemistry can apply in many other areas. Therefore, the protection of inventions in this area should be paid adequate attention to. One of the most effective ways to protect an invention is to carry out the patent registration procedure with the competent state agency. This simple administrative procedure can bring outstanding benefits to the owner of the invention and we can point out these benefits as below:

- Establish the exclusive ownership of the invention and determine the scope of invention protection. In case there is a dispute related to the ownership of the invention, the patent will be the only evidence that the owner needs in order to prove the proprietary rights. It is also the reason why every author of an invention must carry out the registration procedure as soon as possible in order to be recognized as the lawful owner before any other organization or individual.

- Grant the owner of the invention the exclusive right to use, exploit or apply the invention in productions and services, any third party who tries to copy or use the registered invention without the owner's consent will be deemed to violate the exclusive rights of the owner and the owner can request a competent state agency to handle such infringement as well as claim compensation for the damage. This benefit will bring huge competitive advantages for the owner of the invention in the market.

- The patent can bring more money to the inventor to pay for all the intellectual and material resources that have been invested in the invention. The owner can apply the invention in the manufacturing of specific products and selling them exclusively. Besides, the invention can bring profit from transferring or licensing contracts to other parties, or be used as an asset to be contributed to the capital of other companies as well as business investment project.

- Build the image of the company that owns the invention, thus increasing the value of the company significantly and attracting more customers as well as business partners. A registered invention will be considered as proof of an innovative company with high-quality products/services.

2. What is an invention in the area of organic chemistry?

Under the Vietnamese intellectual law, an invention can be defined as a technical solution which resolves particular issues in our life by applying natural principles. The invention shall be a creation of humans, rather than a discovery (that already existed in nature) by humans. The technical solutions in the area of organic chemistry can be created in the form of new products, materials, substances, or new methods and processes in the area of organic chemistry. The solution can be protected in the form of an Invention patent or Utility solution patent when it meets the prescribed general conditions as below:

- It is novel;

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- It is creative and not common knowledge;

- The solution is suitable for industrial applications.

Under the International Patent Classification, as an international system to classify the characteristics and nature of patents in a uniform manner, inventions in the area of organic chemistry are classified into Class C07 and Class 08 of Section C. These Classes contains materials, substances or methods and processes as below:

- Generally methods of organic chemistry and apparatus therefor, such as Reduction in general; Oxidation in general; Halogenation; Purification; Separation; Stabilisation; etc.;

- Acyclic or carbocyclic compounds such as Hydrocarbons; Compounds containing carbon and halogens, oxygen, nitrogen, sulfur, selenium or tellurium, with or without hydrogen;

- Heterocyclic compounds such as Heterocyclic compounds having only nitrogen as ring hetero atom; Heterocyclic compounds having nitrogen and oxygen as the only ring hetero atoms; etc.;

- Acyclic, carboncyclic, or heterocyclic compounds containing elements other than carbon, hydrogen, halogen, oxygen, nitrogen, sulfur, selenium or tellurium;

- Compounds of unknown constitution;

- Sugars, derivatives thereof; nucleosides; nucleotides; nucleic acids;

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- Steroids;

- Peptides;

- Treatment or chemical modification of rubbers;

- Organic macromolecular compounds;

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

If an invention owner wants to register the invention in the area of organic chemistry in Vietnam, a dossier shall be prepared with the documents and papers below:

- 02 Patent Registration Declaration Form (as the prescribed form);

- 02 Invention/utility solution Description (including illustrations of the invention, if any) and 02 Request of Invention/utility protection;

- 02 Invention/utility solution summary;

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- If the applying fees are paid via postal service or transferred into the NOIP's account, there must be a copy of the payment receipt;

- Other related documents, if any (such as authorization letter; documents proving the right to register or the priority, etc.).

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

In general, every application for invention registration will be appraised by the National Office of Intellectual Property (NOIP) through specific procedures as below:

First step: Submit the application dossier to the NOIP in Ha Noi or one of two its representative offices in Da Nang and Ho Chi Minh City (directly or indirectly via post). The processing time can be from one morning or afternoon to a few days depending on the method of submission.

Second step: The form of the application will be appraised by the NOIP. The appraising time is about 02 months from the date of the application submission.

Third step: If the competent state agency determines that it is a valid application, the information of the invention will be published in the Industrial Property Official Gazette within 18 months from the submission date of the application or the priority date (if any), or 02 months from the submission date of the request for content examination.

Fourth step: The content of the application will be appraised by the NOIP within about 18 months.

Final step: The applicant shall pay all the state fees and charges in accordance with the provisions of the law in order to be granted a protection title.

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

Currently, Vietnamese provisions of intellectual property law require foreign companies or individuals, who want to register their inventions in Vietnam, to carry out the procedures through an industrial property representative in Vietnam. Minh Khue Law Firm is an industrial property representative which has been licensed since August 2017 by the competent state agency, 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

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6. Contact to register the inventions in the area of organic chemistry 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

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