1. Why should you register the inventions in the areas of earth drilling, rock drilling, and mining?

The industries of areas of earth drilling, rock drilling, and mining are very important industries with every country in the world, if one company has a new technology, it can be a huge advantage and bring the company a lot of money. Therefore, the protection of inventions in these areas should always be paid sufficient attention by the owners of inventions. One of the most effective ways to protect inventions is to register them with the competent state agency, in the case of Vietnam, it is the National Office of Intellectual Property of Vietnam (NOIP). The owner of the invention will receive many advantages, and we can point out some of the outstanding benefits as below:

- A patent provides the owner of the invention special rights. The owner will have the right to commercialize the invention by manufacturing and providing particular products or services that are based on the invention and selling them to the market. Other companies, organizations or individuals are not allowed to exploit the invention if they do not have the owner’s consent in advance. This is one of the biggest advantages of registering an invention, it will strengthen the position of your company in the market.

- The patent is a legal basis for the authorities to determine the owner of the invention in case there is any dispute related to the invention's ownership. Besides, the competent state agencies will also base on the patent to handle infringement of any party who violates the exclusive rights of the owner.

- After registering, a company can announce the invention to the public, thus, attracting more attention of customers. You will be able to not only sell more products/services that are based on the invention but also increase the value of these products/services in the market.

- You can also benefit from the patented invention by licensing or transferring it if you are not able to commercialize the invention by yourself. Especially, licensing the invention is a very good way to have a passive income source but at the same time, to still retain the right to control the competition in the market and commercialize it whenever you want.

- The chance of success in fundraising, finding business partners will be increased because investors and business partners will see your company as an innovative company with high-quality products/services and high level of expertise.

2. What are inventions in the areas of earth drilling, rock drilling, and mining?

Generally, the Vietnamese intellectual law defines an invention as a technical solution that is in the form of a product or process. This technical solution has the purpose to find the solution to a specific problem by applying natural rules. Inventions in the areas of earth drilling, rock drilling, and mining are presented in the form of new machines, devices or new methods to be applied in these areas.

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An invention can be granted one of two forms of patent: an Invention Patent or Utility Solution Patent, with the condition that:

- It is new;

- It is creative; and

- It is susceptible of industrial application.

Currently, Vietnamese law applies the International Patent Classification (IPC) to classify inventions in the registration process. According to the newest version of IPC, inventions in the areas of earth drilling, rock drilling, and mining are classified into Class E21 of Section E. This Class mainly covers the technical solutions in areas as below:

- Methods or apparatus for drilling; Drilling tools;

- Other equipment or details for drilling; Well equipment or well maintenance;

- Obtaining fluids from wells;

- Automatic control; Surveying or testing;

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- Cutting; Slitting; Dislodging;

- Methods of mining or quarrying; open-pit mining;

- Obtaining minerals from underwater;

- Winning materials from extraterrestrial sources;

- Making shafts, lining therefor;

- Making tunnels or galleries; lining therefor;

- Making underground chambers; lining therefor;

- Working-face supports or covers;

- Supports for step-by-step movements;

- Setting anchoring bolts;

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- Safety devices, transport, filling-up, rescue, ventilation or drainage in or of mines or tunnels;

3. How to register the inventions in the areas of earth drilling, rock drilling, and mining in Vietnam?

A complete dossier of patent registration for inventions normally at least contains the following documents and papers:

- Application Form (02 copies according to the prescribed form);

- Detail description of the invention (02 copies);

- Protection Request (02 copies);

- Brief summary of the invention (02 copies, these copies can be submitted later);

- Copies of payment receipt of the state fees and charges (if paying the fees and charges via post or bank transfer);

- Documents for certain cases, for example documents for proving the right to apply or the priority right (if any); power of attorney (if any), etc.

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4. The process of registration for inventions in the areas of earth drilling, rock drilling, and mining in Vietnam?

After the application is submitted to the NOIP’s head office in Ha Noi or its representative office in Da Nang city or Ho Chi Minh city, the invention registration dossier will start to be appraised through a process with steps as below:

First step: The invention registration application will be appraised in terms of formal requirements. The appraising duration is about 01 month.

Second step: The NOIP will publish the valid application in the Industrial Property Official Gazette, the processing time is normally 18 months since the submitting date.

Third step: The application will continue to be appraised in terms of the invention content. It normally takes 18 months since the publishing date.

Fourth step: A patent will be granted by the NOIP if the applicant paid all the fees and charges properly and promptly.

5. Where to register the inventions in the areas of earth drilling, rock drilling, and mining in Vietnam?

Under the Vietnamese law on intellectual property, foreign invention owners (including companies, organizations or individuals) can only apply their inventions in Vietnam through industrial property representative organizations like Minh Khue Law Firm. Minh Khue Law Firm was licensed and certified as an industrial property representative in Vietnam from August 2017, with the representative code is 226. We helped a lot of clients register their inventions successfully in Vietnam as well as in other countries in the world.

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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.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: [email protected];

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 earth drilling, rock drilling, and mining in Vietnam?

Please contact: Minh Khue Law Company Limited

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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: [email protected]

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limite

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