1. Why should you register the inventions of cements, concrete, artificial stone, ceramics, refractory material in Vietnam?

In the industry of construction material, it is very important to keep improving the quality of the material as well as researching new materials for the market. Therefore, the number of inventions of cements, concrete, artificial stone, ceramics, refractory materials are increasing significantly, not only in Vietnam but also around the world. In addition to researching and inventing, companies doing business in this area should also care more about the protection of inventions because it is easier to copy or steal an invention nowadays. Among different ways, registering the invention with the competent state agency is still one of the best ways to protect the invention, it will bring great advantages to the owner of the invention, such as:

- Provide legal protection for the invention. Other companies, organizations or individuals cannot use or apply the invention legally without the consent of the owner of the invention. If you register an invention, you will have the exclusive right to exploit the invention in different ways, apply the invention in the manufacture of particular products. The owner can also report about any violation ask competent state agencies to step in to handle infringement of other competitors and claim compensation for damages. This advantage will strengthen competitive ability and help you beat other competitors in the market.

- In case there is any dispute related to the invention, the patent will also be one of the most crucial legal basis to help the authorities identify the rightful owner of the invention. Accordingly, If another company, organization or individual registers a same invention as your but before you, you may have to face the risks of losing your invention. This is why you should register your invention as soon as possible.

- Create a good impression and enhance the trust of customers as well as business partners, the invention can create an image of an innovative company with high quality products and services. Thus, contributing to the success in the business of the company and enhancing the sustainable development of the company.

- Boost the revenue of the company by transferring or licensing the invention, or being used as an asset to be contributed to investment projects, contracts or to the other companies’ capital.

2. What are inventions of cements, concrete, artificial stone, ceramics, refractory material?

Inventions cements, concrete, artificial stone, ceramics, refractory material can be defined as technical solutions that apply natural principles in order to solve particular problems. These technical solution can be in the form of products such as apparatuses, machines, etc.; or substances such as materials, etc.; or in the form of a method or a process for manufacturing; handling, treatment of cements, concrete, artificial stone, ceramics, refractory material. These inventions can be protected in the form of an Invention patent or Utility solution patent.

In general, technical solutions shall only be recognized as inventions if they meet the following general requirements:

- It is novel;

- It is creative, not common knowledge;

- It can be applied industrially.

When registering inventions, they will be classified into different Classes of the International Patent Classification, based on their different characteristics and nature. The inventions of cements, concrete, artificial stone, ceramics, refractory material are classified into Class C04 of Section C. Class C04 contains products, materials or processes as below:

- Lime; Magnesia; Slag; Treatment of molten slag; Artificial stone from molten slag;

- Hydraulic cements; Magnesium cements or silimar cements; Calcium sulfate cements; etc.;

- Use of materials as fillers for mortars, concrete or artificial stone;

- Use of materials as active ingredients;

- Compositions of mortars, concrete or artificial stone;

- Ceramics; Clay-wares; Processes, in general, for influencing or modifying the properties of mortars, concrete or artificial stone compositions, e.g. their setting or hardening ability;

- After-treatment of mortars, concrete, artificial stone or ceramics; Treatment of natural stone;

- Function, property or use of the mortars, concrete or artificial stone;


3. How to register the inventions of cements, concrete, artificial stone, ceramics, refractory material in Vietnam?

A dossier of registration application for inventions of cements, concrete, artificial stone, ceramics, refractory material in Vietnam shall include the following papers and documents:

- 02 copies of the Patent Registration Application form;

- 02 copies of the Invention/utility solution Description and Invention/utility solution protection request (including illustrations, if any);

- 02 copies of the Invention/utility solution summary;

- A copy of the receipt of fees and charges (if the applicant pays charges and fees via postal service or transfers into the NOIP's account)

- Letter of authorization (if applying through a representative);

- Documents proving the right to register if the applicant receive another person's right;

- Documents proving priority in case of requiring priority right.

4. The process of registration for inventions of cements, concrete, artificial stone, ceramics, refractory material in Vietnam?

The applicant can choose to file the dossier of invention registration in one of two ways as below:

- Filing the dossier directly at the National Office of Intellectual Property (NOIP) in Ha Noi or at the representative offices of NOIP in Da Nang and Ho Chi Minh City. It takes only one morning or afternoon to finish this procedure.

- Filing the dossier indirectly via postal services. It will take about 3 days to 7 days to be done, depending on the delivery time of the post offices or couriers.

After submitting the application, the applicant will be provided an application number by the NOIP. In order to be granted a patent, the application shall be evaluated by the NOIP through the following procedures:

Stage 1: NOIP will start to examine the invention registration application in terms of formal requirements. The processing time is about 01 month.

Stage 2: If NOIP determines the invention registration application is a valid application, the information will be published in the Industrial Property Official Gazette. The processing time is within 02 months.

Stage 3: The application will be examined in terms of its content. The processing time is about 18 months.

Stage 4: The NOIP will issue a decision to grant a protection title. The applicant will receive a patent after paying all the issuance fees as prescribed.

5. Where to register the inventions of cements, concrete, artificial stone, ceramics, refractory material 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 of cements, concrete, artificial stone, ceramics, refractory material 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