1. Why should you register the inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat in Vietnam?

The industries of petroleum, gas, coke, technical gas containing carbon monoxide, fuels, lubricants and peat play very important roles in the development of the global economy. Big companies in the world are investing a lot of money in researching new technologies or new products and inventions in this area can be worth thousands of dollars. Therefore, the registration of inventions needs to be paid more attention, this is not only one of the most effective ways to protect the invention but it also brings outstanding benefits below:

- Base on the patent, the competent state agency can identify the owner of the invention and the protection scope of the invention. If there is a dispute related to the ownership of the invention, the owner will only have to present the patent in order to prove the ownership. Accordingly, the owner of inventions should carry out the invention registration procedure as soon as possible in order to secure the ownership of the invention.

- The company, organization or individual who owns an invention will have the exclusive right to apply the invention in the production of specific products. Other companies, organizations or individuals are not allowed to exploit a registered invention without the permission of the owner in advance. If any third party tries to violate this exclusive right, the invention owner can ask the authority to handle such violation or claim compensation for damage. This advantage will secure and strengthen the position of the company in the market.

- Bring more economic benefits from selling more products or services based on the invention, transferring or licensing contracts. In addition, the patent can be used as an asset to contribute to the capital of another company as well as business investment project.

- Enhance the company’s image, create the impression of an innovative company with high-quality products/services, thus, increasing the value of the company and attracting more customers as well as business partners, making the business activities of the company more successful.

2. What is an invention in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat?

According to the provisions of law, an invention is a technical solution in the form of a product or a process aimed at solving a specific problem by applying natural laws.

An invention is protected in the form of an Invention patent if it satisfies the conditions of being new; creative and capable of industrial application.

An invention is protected in the form of a Utility solution patent if it is not common knowledge and satisfies the conditions of being new and capable of industrial applicability.

The International Patent Classification is an international system to classify inventions based on their characteristics and nature in a uniform manner, and when applying for patents, inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat are classified into Class C10 of Section C. This Class particularly includes products and/or processes as below:

- Destructive distillation of carbonaceous materials for production of gas, coke, tar, or similar materials;

- Working-up tar, pitch, asphalt, bitumen; pyroligneous acid;

- Drying or working-up of peat;

- Cracking hydrocarbon oils; production of liquid hydrocarbon mixture, e.g. by destructive hydrogenation, oligomerisation, polymerisation; recovery of hydrocarbon oils from oil-shale, oil-sand, or gases; refining mixtures mainly consisting of hydrocarbons; reforming of naphtha; mineral waxes;

- Production of acetylene by wet methods;

- Production of gases containing carbon monoxide and hydrogen from solid carbonaceous materials by partial oxidation processes involving oxygen or steam; carburetting air or other gases;

- Purifying or modifying the chemical composition of combustible gases containing carbon monoxide;

- Fuels not otherwise provided for; natural gas, synthetic natural gas obtained by the above processes; liquefied petroleum gas; use of additives to fuels or fires; fire-lighters;

- Lubricating compositions; use of chemical substances either alone or as lubricating ingredients in a lubricating composition;

3. How to register the inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat in Vietnam?

In order to register the inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat in Vietnam, the registration dossier shall include the documents and papers as below:

- 02 Declaration of Invention Registration (according to the prescribed form);

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

- 02 Summary of Invention/utility solution;

- A copy of the payment receipt in case the registration fees are paid via postal service or transferred into the NOIP's account;

- Other related documents, if any (for example power of attorney; proof of the right to register or the priority, etc.).

4. The process of registration for inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat in Vietnam?

Normally, an invention registration application shall be appraised by the National Office of Intellectual Property (NOIP) through a process with the following stages:

First stage: The applicant shall submit the registration dossier directly (or indirectly via post) to the NOIP in Ha Noi or its representative offices in Da Nang and Ho Chi Minh City.

Second stage: The NOIP will appraise the form of the application in order to determine whether it is a valid or invalid application.

Third stage: If the NOIP determines the application is valid, the application information related to the invention will be published in the Industrial Property Official Gazette.

Fourth stage: The NOIP will appraise the content of the application for the final decision.

Final stage: If all conditions are met, the NOIP issue a decision of issuance of a protection title. The applicant will only receive an Invention/Utility solution patent after paying all the state fees and charges as prescribed.

5. Where to register the inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat 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

6. Contact to register the inventions in the area of petroleum, gas or coke industries, technical gas containing carbon monoxide, fuels, lubricants, peat 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