1. Why should you register the inventions of animal or vegetable oils, fats, waxes, detergents, candles in Vietnam?

Nowadays, products of oils, fats, waxes, detergents, candles are very popular and there are so many products are manufactured. The increasing demand of customers requires companies have to invest more in researching and manufacturing of new products based on new inventions. It is important to also pay adequate attention to the protection of inventions because the situation of copying or even stealing inventions is getting more and more popular and it can cause huge damage to the owner of an invention. In addition to technical protection method, the legal protection by registering the invention with competent state agency is also one of the most effective ways to protect an invention. A patent can bring the following advantages to the owner:

- Create a strong position in the market: through exclusive rights, the owner of the invention has the right to prevent other third parties from using the registered invention for commercial purposes, thereby reducing competition, creating a strong competitive position for a company that owns such inventions. If a company, organization or individual tries to violate this exclusive right, the owner can ask the competent state agency to handle such infringement or claim compensation for damage.

- Higher return on investment: When investing a great deal of energy, time, and resources, everyone hopes to gain certain benefits. When commercialized inventions that are protected, the invention will yield higher profits from selling more products/services and minimizing unfair competition in the market.

- Opportunity to sell or license your patent: If you cannot exploit the patent that you create yourself, you can sell or license your patent (through patent licensing contract) to another company, organization or individual who has the need and capacity to exploit the invention. By the licensing method, the owner of the invention can collect a license fee monthly or annually. This measure not only saves money from commercializing the invention into a product, but also collects the cost of license fee and avoids the risks of competition in the market.

- Increase the company’s value: A patent will create the image of an innovative company with high quality products/services, thus, attracting more customers to buy the products/services of the company.

From the above advantages, you can see why we always encourage our clients to register their inventions as soon as possible.

2. What is an invention of animal or vegetable oils, fats, waxes, detergents, candles?

According to the Vietnamese intellectual property law, inventions are technical solutions that are in the form of products or processes aimed at solving particular issues by applying natural laws. These technical solutions can be protected in the form of Invention patents if it meets the requirements of being new, creative and susceptible of industrial application. A technical solution can be protected in the form of a Utility solution patent if it is not common knowledge and meets the requirements of being new and susceptible of industrial application.

According to the International Patent Classification, an international system to sort out inventions in a uniform manner based on their characteristics and nature, the inventions of animal or vegetable oils, fats, waxes, detergents, candles are classified into Class C11 of Section C. Class 11 particularly covers products and/or processes as below:

- Production of fats or fatty oils from raw materials;

- Refining fats or fatty oils;

- Preserving by using additives, e.g. anti-oxidants;

- Separation of mixtures of fats or fatty oils into their constituents, e.g. saturated oils from unsaturated oils;

- Essential oils; Perfumes;

- Recovery or refining of other fatty substances, e.g. lanolin, waxes;

- Recovery of fats, fatty oils, or fatty acids from waste materials;

- Preparation of fatty acids from fats, fatty oils, or waxes; Refining the fatty acids;

- Fats, oils or fatty acids obtained by chemical modification of fats, oils or fatty acids, e.g. by ozonolysis;

- Candles;

- Surface-active non-soap detergents; Soap Detergents; Soap or soap-making; Resin soaps;

3. How to register the inventions of animal or vegetable oils, fats, waxes, detergents, candles in Vietnam?

In order to register the inventions of animal or vegetable oils, fats, waxes, detergents, candles in Vietnam, the applicant shall prepare a registration dossier with the documents and papers as below:

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

- Description of Invention/utility solution (02 copies, attached with pictures of the invention, if any) and Request of Invention/utility protection (02 copies);

- Summary of the Invention/utility solution (02 copies, these papers can be submitted later);

- Certified copy of the receipt of paid fees if the registration fees are paid via postal service or transferred into the NOIP's account;

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

4. The process of registration for inventions of animal or vegetable oils, fats, waxes, detergents, candles in Vietnam?

In general, the application of invention registration shall be assessed by the National Office of Intellectual Property (NOIP) through a process with the steps as below:

First step: The application shall be submitted directly (or indirectly via postal services) to the main office of NOIP in Ha Noi or one of two representative offices of NOIP in Da Nang and Ho Chi Minh City.

Second step: The application will be assessed by the NOIP in terms of formal requirements for the purpose of determining whether it is valid or invalid application.

Third step: If the application is determined as a valid application, the patent information will be published in the Industrial Property Official Gazette.

Fourth step: The application will be assessed in terms of its content for the final decision to issue a patent.

Final step: The NOIP will issue a decision of issuance of protection title if all the requirements are met. The applicant will have to finish all the payment of state fees and charges in order to receive an Invention/Utility solution patent.

5. Where to register the inventions of animal or vegetable oils, fats, waxes, detergents, candles 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 of animal or vegetable oils, fats, waxes, detergents, candles 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