1. What is an invention in the area of transportation?

Based on the definition of invention in the Vietnamese Law on Intellectual property, an invention in the area of transportation can be defined as technical solutions in the form of a transportation product or transportation process that applies natural principles in order to resolve particular issues in the area of transportation. An invention can be registered in the form of an Invention patent or Utility solution patent.

The general criteria for an invention to be granted a patent include its novelty, creativity and the ability to be applied industrially.

When apply for a patent, the inventions will be classified in to different Classes according to the International Patent Classification. The inventions in the area of transportation are classified into from Class B60 to Class 68 of Subsection Transporting - Section B. This Subsection particularly includes inventions related to:

- Vehicles and parts of vehicles in general, such as wheels, tyres, vehicles connections, windows, windscreen or doors for vehicles...;

- Railways systems and equipment, locomotives, motor railcars, railway vehicles,...;

- Land vehicles for travelling, including hand carts, vehicles drawn by animals, motor vehicles, trailer, and cycles;

- Ships or other waterborne vessels, related equipment;

- Aircraft, aviation, cosmonautics;

- Conveying, packing, storing, handling thin or filamentary material;

- Hoisting, lifting, and hauling;

- Opening or closing bottles, jars or similar containers, liquid handling;

- Saddlery, upholstery

2. Why should you register the inventions in the area of transportation in Vietnam?

Transportation is an important area in the world, it can affect the economy and decide the development of a country. Therefore, people are investing more and more in researching and developing of inventions in the area of transportation. There are thousands of inventions in this area are invented. Companies, organizations and individuals start paying more attention to the protection of inventions because nowadays, an invention can be copied or stolen easily if it has not been registered with the competent state agencies. A patent can bring outstanding benefits for the owner as below:

- Create the competitive advantage and enhance the position of a company in the market by the exclusive rights to use the invention in manufacture of products of the company. Other companies, organizations, or individuals are not allowed to use the invention without the consent of the owner.

- Provide a legal ground for the authority to identify the rightful owner of the invention in settling any dispute related to the ownership of the invention. Besides, if there is any infringement relate to the patent, the patent will be a legal basis for the competent state agency to proceed with administrative actions to handle the infringement.

- Be used as property to be contributed to capital of the after being granted a patent, the owner can use the patent to contribute to capital of other companies as a property without the risk of being copied or stolen.

- Bring more money for the owner from transferring or licensing other companies, organizations or individuals to use the inventions.

- Create the reputation and image for the company, thus attracting more customers to buy the products or services of the company.

Therefore, Minh Khue Law Firm always encourages clients to register for the protection of their inventions in Vietnam as soon as possible in order to receive the above advantages.

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

In order to prepare and apply for a patent, the dossier of inventions registration for products or processes in the area of transportation shall include papers and documents as below:

- 02 Application form for invention registration (as prescribed form);

- 02 Invention descriptions;

- 02 Request forms for Protection of invention/utility solution;

- Power of attorney (if any);

- Receipts of state fees and charges (if any);

- Transfer contract of the right to apply (if any);

- Documents certifying the right to registration (if beneficiary from others);

- Documents proving the priority (if the invention registration application requires priority right).

4. Procedures of registration of inventions in the area of transportation in Vietnam?

The applicant can submit the dossier of invention registration directly to the official address of the National Office of Intellectual Property (NOIP) or to one of representative offices of NOIP in Ho Chi Minh City or Da Nang City. Besides, if it is not convenient to submit directly, the applicant can also submit the dossier via postal services of post offices or couriers.

After receiving the application, the NOIP will start to examine the application of invention registration with the following stage:

First stage: Examination of the application in terms of the form

Second stage: Publication of the application information in the Industrial Property Official Gazette

Third stage: Examination of the application content

Final Stage: Issuance of the Patent for the invention

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

According to the provisions of intellectual property law, foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam. Clients can contact and come to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, with the representative code is 226.

All the procedures will be carried out by the Intellectual Property Department of Minh Khue Law Firm 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 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

After the application is submitted, the National Office of Intellectual Property will record and issue the application number.

6. Contact to register the inventions in the area of transportation 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