Register inventions in the area of refrigeration; heat pump systems; producing ice, liquefaction or solidification of gases in Vietnam?

1. Why should you register the inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases?

The area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases include many products that contribute a lot in our modern life. There are more and more products like this manufactured and sold in the market, therefore, companies need to invest in researching new inventions in order to keep their products improved in line with market demands. And in order to commercialize an invention without the risk of being copied or stolen, it is very important to register the invention as soon as possible with the competent state agency for a patent. Registering the invention can give the owner huge benefits in different aspects as below:

- Legal evidence of ownership: After being granted a patent, the owner will have a legal basis to prove the ownership of the invention when there is any dispute related to the invention. The owner also has a legal basis to ask competent state agencies to handle any violation of third parties.

- Competitive advantages in the market: The owner of the invention will have exclusive rights to manufacture, trade or distribute particular products based on the invention. No party can exploit or take advantage of the invention without the consent of the owner. This advantage often helps companies to build a strong position in the market and reduce competition from others.

- Fundraising and business cooperation: With a patent, a company will normally be considered as an innovative company, with high legal compliance, thus attracting potential investors and business partners and increasing the chance of success in fundraising and business cooperation.

- In marketing: A company that registered an invention can announce it to the public for the purpose of marketing, advertising and building a brand. Without a patent, it would be difficult to advertise the invention without the risk of being copied or stolen by competitors.

- Other benefits: Besides the economic benefit from selling new products/services, the company with a registered invention can receive more income from activities of licensing or transferring. Besides, the company can use the patent as an asset to contribute to the capital of other companies or as collateral for bank loans.

2. What are inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases?

Like other inventions, inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases can be defined as technical solutions that are in the form of products, tools, machines or processes and methods. These technical solutions have the purpose to solve particular issues in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases by applying natural principles. According to Vietnamese intellectual property law, there are two types of patents: invention patent and utility solution patent.

Inventions also need to meet the prerequisites as below to be registered and protected:

- Novelty;

- Creativeness; and

- Being susceptible of industrial application.

Based on different characteristics of inventions, they are classified into different classes according to the International Patent Classification (IPC), and under current version of IPC, inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases are classified into Class F25, which mainly includes the following products or processes:

- Refrigeration machines, plants, or systems;

- Combined heating and refrigeration systems;

- Heat pump systems;

- Producing, working or handling ice;

- Refrigerators, cold rooms, ice-boxes;

- Cooling or freezing apparatus;

- Liquefaction, solidification, or separation of gases or gaseous mixtures by pressure and cold treatment;

3. How to register inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases in Vietnam?

The first thing you need to do in order to register an invention in Vietnam is to prepare a proper invention registration dossier with the documents as below:

- 02 copies of Application form for patent in accordance with provisions of law;

- 02 copies of the Description of invention/utility solution, the description shall include the description section, the request for protection, and drawings, diagrams (if any);

- 02 copies of Summary of invention/utility solution.

- Receipt of fees and charges.

- Other related documents in particular cases such as Power of attorney, document confirming registration rights, evidence of priority;

4. The process of registration for inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases in Vietnam?

After arranging a complete invention registration dossier, the applicant can start the process of invention registration in accordance with provisions of law, specific steps are as below:

Step 1. Submit the dossier: The registration dossier can be submitted directly to the National Office of Intellectual Property (NOIP) in Ha Noi. Besides, applicants can also submit to NOIP’s representative offices in Da Nang city and Ho Chi Minh city or choose to submit indirectly via postal services.

Step 2. NOIP appraises the formal requirements: After receiving the dossier, NOIP shall start the process with the formal appraisal to determine whether the application is valid or invalid. This step normally takes 01 month.

Step 3. NOIP publishes the valid application: A valid application will be published in the Industrial Property Official Gazette by the NOIP, normally 18 months from the submission date.

Step 4. NOIP appraises the invention content: In this step, NOIP will appraise the content of the invention. This step can take up to 18 months from the publishing date to be done.

Step 5. NOIP issues the patent: This is the final step, when all conditions are met and the applicant paid all the state fees promptly and properly. The NOIP will issue an invention/utility solution patent for the applicant.

5. Where to register inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases in Vietnam?

According to the current provisions of Vietnamese intellectual property law, foreign companies, organizations or individuals can only apply their inventions for patents in Vietnam through official industrial property representative organizations. Minh Khue Law Firm is an industrial property representative that was licensed to operate in Vietnam since August 2017, with the representative code is 226. Many clients in Vietnam as well as abroad have registered their inventions successfully through Minh Khue Law Firm.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office is 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:

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 inventions in the area of refrigeration, heat pump systems, producing ice, liquefaction or solidification of gases 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