1. Why should you register the inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering in Vietnam?

The areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering are becoming more popular with so many products in our modern life. The market of these industries is also more competitive than before because many companies start to establish business operations in these industries. In a competitive market like that, it is important to not only have more inventions but also to protect the inventions more carefully in order to survive and develop sustainably. Companies often pay attention to the technical protection method but forget one of the most simple but most effective methods, it is to register the inventions with the authority for legal protection. Registering an invention will bring the following benefits to the owner:

- Establish and enhance the position in the market: With the exclusive rights, the owner of the invention can prevent other companies or individuals from using the patent for commercial benefits without the consent of the owner. In addition, the owner will have the right to request the competent state agencies to stop and handle the infringement and claim compensation in case of violation. Thus, creating competitive advantages and reducing competition in the market.

- Proof of ownership: If there is a dispute related to the ownership of the invention, if the invention has been registered with the competent state agency, the owner only have to present the patent in order to prove the ownership with the invention without any further documents. This will save time and effort in resolving disputes.

- Higher revenue: When a protected invention is commercialized, it will bring a higher revenue from the sales of products/services. The value of products/services will be higher and at the same time, customer will buy more products or using more services of a company if these products/services are based on registered inventions.

- More profit from selling or licensing the patent: If the owner of the invention cannot exploit the invention (this is often the situation of individual investors), the owner can sell or license the registered invention (patent licensing contracts) to other third parties who have the need and ability to commercially exploit the invention. A licensing contract will be a very good way to receive passive income from monthly or annually license fee but still avoid the cost of commercializing the invention into a product and control the competition in the market.

- Higher company’s value: A registered invention will establish the impression of an innovative company with high quality products/services on the customers and business partners of the company, thus increasing the value of the company that owns the invention.

2. What is an invention in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering?

Under the Vietnamese law on intellectual property, an invention in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering is a technical solution that is in the form of a product or method that aims at resolving the particular problem by applying natural principles.

This technical solution can be protected in the form of an Invention patent if it satisfies the requirements of novelty, creativeness and capable of industrial application; or it can be protected in the form of a Utility solution patent the solution it is not common knowledge and satisfies the requirements of novelty and capable of industrial application.

Under the provisions of the International Patent Classification, an international system created under the Strasbourg Agreement (1971) for the purpose of classifying inventions in a uniform manner based on their characteristics and nature, inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering are classified into Class C12 of Section C. Class 12 particularly contains products and/or methods as below:

- Brewing of beer, for example, Preparation of malt, Treatment of hops, Other raw materials for the preparation of beer, Fermentation processes for beer, etc.;

- Recovery of by-products of fermented solutions; denaturing of, or denatured, alcohol;

- Wine; other alcoholic beverages; preparation thereof;

- Pasteurisation, sterilisation, preservation, purification, clarification or ageing of alcoholic beverages; methods for altering the alcoholic content of fermented solutions or alcoholic beverages;

- Vinegar and its preparation;

- Pitching or depitching machines; venting devices for casks, barrels; cellar tools

- Apparatus for enzymology or microbiology;

- Microorganisms or enzymes; compositions thereof; propagating; preserving, or maintaining microorganisms; mutation or genetic engineering; culture media;

- Fermentation or enzyme-using processes to synthesise a desired chemical compound or composition or to separate optical isomers from a racemic mixture;

- Measuring or testing processes involving enzymes, nucleic acids or microorganisms; compositions or test papers therefor; processes of preparing such compositions; condition-responsive control in microbiological or enzymological processes;

3. How to register the inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering in Vietnam?

For the purpose of registering the inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering in Vietnam, the applicant shall prepare an application dossier with the documents and papers below:

- 02 Invention Registration Application Forms (made according to the prescribed form);

- 02 Explanations of Invention/utility solution (attached with drawings of the invention, if any) and 02 Requests of Invention/utility protection;

- 02 Invention/utility solution Summary (these documents can be filed later);

- A copy of the payment receipt of paid registration fees (if any);

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

4. The process of registration for inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering in Vietnam?

Basically, in order to be granted a patent, an application of invention registration in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering shall go through a process with the following steps:

Step 1: The applicant will file the application dossier directly (or indirectly via post offices or couriers) to the National Office of Intellectual Property (NOIP) in Ha Noi or to one of two representative offices of NOIP in Da Nang and Ho Chi Minh City.

Step 2: The NOIP shall evaluate the registration dossier in terms of formal requirements for the purpose of deciding whether the application is valid or invalid.

Step 3: After the first evaluation, a valid application will be published in the Industrial Property Official Gazette by the NOIP.

Step 4: The NOIP shall continue to evaluate the registration dossier in terms of the invention’s content in order to have the final decision to grant a patent.

Step 5: The NOIP shall issue the decision of issuance of a patent if all the conditions are satisfied. The protection title will be issued after the applicant finishes all the payment of required state fees and charges.

5. Where to register the inventions in the areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering 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 areas of biochemistry, beer, spirits, wine, vinegar, microbiology, enzymonology, mutation or genetic engineering 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