Table Of Contents
- 1. Why should you register the inventions of checking devices?
- 2. What are inventions of checking devices?
- 3. How to register inventions of checking devices?
- 4. The process of registering inventions of checking devices?
- 5. Where to register inventions of checking devices in Vietnam?
- 6. Contact to register inventions of checking devices in Vietnam?
1. Why should you register the inventions of checking devices?
Typically, the creator of an innovation needs to spend a great deal of time, work and resources in it in order to make an idea become an invention. Therefore, one of the most important things since making an invention is to register the it with the competent state agency as soon as possible. If the invention is not adequately secured and lost, so it could be waste of the time, work and resources spent in the innovation. The registration of an invention with the authority will usually offer considerable value to the owner as below:
- Exclusive benefits: when the innovation is licensed and the patent is issued, the inventor of the invention shall be entitled to exclusive rights for the usage, production and sale of goods or services that are based on the invention. No party on the market can exploit the invention unless it is approved by the owner. This privilege often provides a significant advantage for a business to develop and improve its position in the market.
- The ownership is legally recognised: The patent can be a clear legal ground for the owner to assert the ownership to the invention. It is highly relevant where there is a ownership dispute concerning the innovation. In addition, if the owner of the invention discovers any violation or copying of the invention in order to compete with the owner of the invention, the recognised owner may, on the basis of the patent issued, petition the competent state agencies to deal with the violation.
- More profit: New products can be produced based on the invention and customers usually enjoy new innovative things, therefor the company's revenue will be likely to increase. Additionally, with exclusive rights of the owner, only the owner the invention can commercialize the new products, thus reducing competition. The owner can also charge a higher price for the new product because of the exclusiveness and make more profits. On the other hand, the granted patent may also provide another source of income from the transferring or licensing of the invention.
- Advantages in marketing and fundraising: Registering an invention for a patent delivers image of a high-tech and innovative company. It would raise the possibility to succeed in advertising, branding or fundraising. The patent would help the owner to attract more investors as well as business partners.
- Being a type of property: A patent will be acknowledged as an owner's asset and can be priced and contributed to capital of companies or be used as a collateral for bank loans after registration.
2. What are inventions of checking devices?
Inventions may be defined as technical solution under the provisions of the Intellectual Property Law of Vietnam, presenting in the form of goods or processes that implement natural laws designed to solve specific problems in our lives. Through this definition, inventions of checking devices can be identified as technical solutions in the form of devices, apparatuses, or systems that implement natural laws to solve particular problems in checking field. According to the provisions of law, there are two types of patent (the protection title for inventions): invention patent and utility solution patent.
In order to be accepted as an invention, the technical solution shall satisfy the following requirements:
- The novelty;
- The creativity;
- The capacity for industrial application.
Furthermore, the Vietnamese Law on Intellectual Property lists the subject-matters that shall not be identified as inventions, specific as below:
- Statistical techniques, theories and experimental discoveries;
- Design, strategies, principles and methods for mental exercises, training of domestic animals, playing games and doing business; computer programs.
- Ways of presenting details;
- Solutions with aesthetic properties only;
- Species of plants and breeds of animals;
- Processes in plant or animal development which are largely biochemical, rather than microbiological.
- Techniques of human and animal disease prevention, evaluation and treatment;
When being registered, inventions will be classified according to the International Patent Classification (IPC), a worldwide system that classifies patents based on their natures and characteristics. Under the latest version of IPC, inventions of checking devices are grouped into Class G07. This section includes the following apparatus or devices:
- Ticker-issuing apparatus; taximeters; arrangements or apparatus for collecting fares, tolls or entrance fees at one or more control points; franking apparatus;
- Time or attendance registers; registering or indicating the working or machines; generating random numbers; voting or lottery apparatus; arrangements, systems or apparatus for checking;
- Handling of coins or of valuable papers, e.g. testing, sorting by denominations, counting, dispensing, changing or depositing;
- Coin-freed or like apparatus;
- Registering the receipt of cash, valuables, or tokens;
3. How to register inventions of checking devices?
In Vietnam the applicant must prepare and submit the patent dossier with the following documents as the first step of invention registration:
- 02 patent registration forms;
- 02 summary of the patent that describe and explain invention/utility solution, with the following content: protection request, and photographs or drawings of the invention/utility solution (if any);
- 02 abstract of the invention/utility solution;
- Records for the payment of charges and fees as stated in law;
- In some situations, the applicant will be asked to provide some other relevant documents such as a letter of authorisation, records indicating the right to file, or priority;
4. The process of registering inventions of checking devices?
After the dossier of documents is prepared fully, the applicant will submit the patent registration dossier to the National Intellectual Property Office (NOIP). Currently, applicant can choose one of two following ways to submit the dossier. The first way is to directly submit it to the main office of NOIP in Ha Noi or to one of its representative offices in Da Nang or Ho Chi Minh City. The second way is to submit documents indirectly through postal services. The application will be received by the NOIP and go through examination stages as below:
Stage 1. Evaluation of the formality: NOIP will evaluate the formality of the application as specified in the Intellectual Property Law provisions in this first step. This process is normally accomplished by 01 months.
Stage 2. Publication of the application: After NOIP decided the patent application is valid in terms of formality, the information of the patent shall be published by the NOIP in the Industrial Property Official Gazette 18 months from the date of submission.
Stage 3. Content assessment: This is the most important step of the patent application approval procedure. The competent state agency shall carefully evaluate the dossier in terms of its content in order to determine if an invention/utility solution can be covered under the protection condition and scope. This stage typically takes 18 months from the publication date to be done.
Stage 4. Issuance of the patent: After all the assessments, the applicant will receive a notice from the NOIP to inform about the acceptance and all the state fee and charge. Then the applicant shall pay all the fees in order to get a protection title for the invention/utility solution.
5. Where to register inventions of checking devices in Vietnam?
In accordance with the intellectual property law of Vietnam, foreign entities (companies, organizations or individuals) can only register their inventions/utility solutions in Vietnam through licensed industrial property representative organizations. Minh Khue Law Firm has been recognised as an industrial property representative in Vietnam since August 2017, with the representative code is 226. Many foreign as well as domestic clients have come to Minh Khue Law Firm and register their inventions successfully in Vietnam.
The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office is 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 inventions of checking devices 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: [email protected]
Intellectual Property Department - Minh Khue Law Company Limited