1. Why should you register the inventions in the area of textiles or flexible materials?

The area of textiles or flexible materials is a huge industry that involves a variety of materials and products in human life from simple items such as clothes and furniture to more complex elements like technical textiles and flexible materials. Along with the development of our society, there are more and more inventions in this industry and there are also more situations where inventions are violated such as being copied or used unauthorized. Therefore, it is important to pay adequate attention to the protection of these inventions. Among different ways, registering inventions with authority is always one of the most effective ways. A patent can bring huge benefits to the owner of an invention as below:

- Firstly, the owners of an invention will be entitled to exclusively exploit the invention by applying it in the production of particular products/services. Other companies, organizations or individuals will not be allowed to use the invention unless they have the consent of the owner in advance. This benefit creates a significant competitive advantage for a company to beat other competitors in the market.

- Secondly, a patent of a registered invention will be a legal basis for the authorities to identify the lawful owner of the invention when there is a dispute related to the invention. If the invention has not been registered, the process of dispute resolving will cost so much time and effort to be settled. It is also the legal basis for the owner to ask competent state agencies to handle violations if a third party violates the exclusive rights of the owner.

- Thirdly, the owner can receive economic benefits from a patent in different ways. Customers will be attracted by products/services that are based on a new invention, thus, increasing the revenue from selling these products/services. Besides, the owner can also get more money from transferring or licensing the patent. The licensing method is often preferred because it creates a source of passive income for the owner.

- Finally, the owner can use the patent as an asset to contribute to the capital of other companies and business projects. The invention will create an image of an innovative company with high-quality products/services, thus making a good impression for the business partners.

2. What are inventions in the area of textiles or flexible materials?

According to the definition of the Vietnamese intellectual property law, inventions are technical solutions that aim to solve particular problems by applying the rules of nature. These technical solutions of the invention can be new materials, products, machines, apparatuses or new methods, processes for production or treatment of certain material.

Under Vietnamese law, inventions can be protected in the form of Invention Patents or Utility solution Patents, provided that the inventions must at least meet the following general requirements:

- It is novel,

- It is creative

- It is capable of industrial application.

Under the International Patent Classification, established from The Strasbourg Agreement (1971), inventions are sorted out in different Classes based on their nature, and inventions in the area of textiles or flexible materials are classified into Class D01, D02, D03, D04, D05, D06, D07 of Section D. These Classes cover the following areas:

- Mechanical treatment of natural fibrous or filamentary material to obtain fibres or filaments, e.g. for spinning;

- Chemical or biological treatment of natural filamentary or fibrous material to obtain filaments or fibres for spinning; carbonising rags to recover animal fibres;

- Mechanical methods or apparatus in the manufacture of man-made filaments, threads, fibres, bristles or ribbons;

- Chemical features in the manufacture of man-made filaments, threads, fibres, bristles or ribbons; apparatus specially adapted for the manufacture of carbon filaments;

- Preliminary treatment of fibres, e.g. for spinning;

- Spinning or twisting;

- Yarns; mechanical finishing of yarns or ropes; warping or beaming;

- Weaving;

- Braiding; lace-making; knitting; trimmings, non-woven fabrics;

- Sewing; embroidering; tufting;

- Treatment of textiles or the like; laundering; flexible materials;

- Ropes; cables other than electric;

3. How to register the inventions in the area of textiles or flexible materials in Vietnam?

In order to be accepted, a dossier of patent registration for inventions in the area of textiles or flexible materials shall at least have the documents and papers as below:

- 02 copies of Invention Declaration Forms;

- 02 copies of Invention Descriptions and 02 copies Invention Protection Requests;

- 02 copies of Invention Summary (this summary can be submitted later);

- Receipt of payments for the application fees (if any);

- Other related papers, if any (e.g. the documents to prove the priority right or the right to register, power of attorney, etc.).

4. The process of registration for inventions in the area of textiles or flexible materials in Vietnam?

Generally, a patent application for inventions in the area of textiles or flexible materials shall go through a process with the following procedures:

Step 1: Submission of the application to the National Office of Intellectual Property - NOIP (directly or indirectly via post).

Step 2: The appraisal of the patent application in terms of formal requirements.

Step 3: The publication of a valid patent application in the Industrial Property Official Gazette.

Step 4: The content appraisal of the application.

Step 5: The issuance of an Invention/Utility solution Patent.

5. Where to register the inventions in the area of textiles or flexible materials in Vietnam?

The current intellectual property law of Vietnam requires foreign companies 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 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 textiles or flexible materials 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