1. Why should you register the inventions in the area of treatment of water, waste water, sewage and sludge in Vietnam?

In developing countries like Vietnam, where the environment condition is not really good, the area of treatment of water, waste water, sewage and sludge is a very important and often are invested so much by the government as well as companies. Therefore, there are many inventions that are created and the protection of inventions is more and more important than ever. Among different ways, registering the invention with the competent state agency is still one of the best ways to protect the invention in terms of legal before other competitors in the market. The owner of the invention will receive outstanding advantages as below when carrying out this simple procedure:

- The first and most important benefit is that the owner will have exclusive rights to use and apply the invention in business as well as the manufacture of specific products, and these rights will be protected by the law and authority. No company, organization or individual has the right to use the invention without the permission of the owner. This advantage will increase the competitive ability and enhance the position of a company in the market.

- Base on the patent granted by the National Office of Intellectual Property (NOIP), other competent state agencies will have the legal basis to identify the owner of the invention in case of dispute related to the ownership of the invention, and to handle infringement as well as claim compensation for violated inventions.

- The patent will Increase the chance of success in the business of the company by creating a good impression and trust to customers and business partners of the company. Therefore, the sustainable development of the company in the future will be ensured.

- The owner of the invention can use the invention as an asset to contribute to the investment projects, business cooperation contracts or to the capital of other companies. The patent will also bring extra profit from selling or licensing activities.

- Prevent the situation where other entities register the same invention before you. In that case, you will not be allowed to use the invention and it could cost huge damage for the company.

For the above reasons, Minh Khue Law Firm always encourages clients to register their inventions as soon as possible. The sooner your invention is registered, the greater the benefits you receive.

2. What are inventions in the area of treatment of water, waste water, sewage and sludge?

The intellectual property law of Vietnam defines inventions are technical solutions that serves specific tasks by applying natural laws. Technical solutions are presented in the form of products, including tools, machines, equipment, components, circuits, etc., or substances such as materials, foodstuffs, pharmaceuticals, etc.; or biological materials such as genes, genetically modified plants / animals, etc.; or in the form of processes or methods of manufacturing; diagnostic, predictive, inspection, handling, etc.

Generally, the provisions of law require an invention to satisfy the following conditions in order to be protected in the form of an Invention patent or Utility solution patent:

- It is novel;

- It is creative, not common knowledge;

- It can be applied industrially.

According to the International Patent Classification, inventions will be classified into different Classes based on their characteristics and nature. The inventions in the area of treatment of water, waste water, sewage and sludge into Class C02 of Section C. This Class covers specifics products or processes and methods as below:

- Treatment of water, waste water, or sewage;

- Biological treatment of water, waste water, or sewage;

- Softening water; Preventing scale; Adding scale preventatives or scale removers to water, e.g. adding sequestering agents;

- Aeration of stretches of water;

- Multistep treatment of water, waste water or sewage;

- Treatment of sludge;

- Devices for treatment of water, waste water, sewage and sludge;

3. How to register the inventions in the area of treatment of water, waste water, sewage and sludge in Vietnam?

According to the Vietnamese intellectual property law, the applicant shall prepare the following papers and documents in order to complete the registration dossier for inventions in the area of treatment of water, waste water, sewage and sludge:

- The Declaration form of Patent Registration (number of copies: 02);

- The Description of the Invention/utility solution (number of copies: 02);

- The Summing-up of the Invention/utility solution (number of copies: 02);

- The Request of the Invention/utility solution protection (number of copies: 02);

- Certified copies of applicant’s Business Registration Certificate (if any), Passport or Citizen Identity Card (if any);

- The receipt of payment of the application fees and charges (if any);

- Power of Attorney (if any);

4. The process of registration for inventions in the area of treatment of water, waste water, sewage and sludge in Vietnam?

An invention registration dossier can be filed in the following ways:

- The dossier can be directly filed at the NOIP’s office in Ha Noi or its representative offices in Da Nang and Ho Chi Minh City. The submitting time is only one morning or afternoon.

- The dossier can also be filed indirectly via postal services. The submitting time is long or short depending on the handling time of the post offices or couriers, normally it will take from 3 days to 7 days..

The applicant will receive an application number after submitting the invention registration application dossier. Then, the application will be appraised by the NOIP through the process below in order to be granted a patent:

Step 1: The formal requirements will be appraised in order to identify whether the invention registration application is valid or invalid.

Step 2: After deciding the application is a valid application, the NOIP will publish the information in the Industrial Property Official Gazette.

Step 3: The content of the application will be appraised in order to have the final decision..

Step 4: After receiving the decision of issuance of a patent, the applicant shall pay all the state fees and charges and receive a protection title for the invention/utility solution.

5. Where to register the inventions in the area of treatment of water, waste water, sewage and sludge in Vietnam?

The current provisions of Vietnamese intellectual property law only allow foreign companies or individuals to register their inventions in Vietnam through an industrial property representative in Vietnam. Minh Khue Law Firm has registered successfully many inventions for foreign as well as domestic clients, both in Vietnam and abroad. Minh Khue Law Firm has been licensed as an industrial property representative since August 2017, with the representative code is 226.

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 treatment of water, waste water, sewage and sludge 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