Table Of Contents

1. Why should you register the inventions of computing, calculating or counting?

In order to create an invention, the owner of the invention usually has to invest in it a huge amount of time, effort and money as well. Therefore, after creating an invention, one of the most important things is to register the invention with the authority as soon as possible to protect it. If the invention is not protected properly and stolen, all the time, effort and money invested in that invention can be waste. In general, registering an invention with the competent state agency can bring great benefit for the owner:

- Exclusive rights: If an invention is registered and granted a patent, the owner of the invention will be entitled to exclusive rights to use, exploit and provide products or services based on the invention. There is no party in the market can use the invention unless it has the permission from the owner. This benefit also creates huge advantage for a company to establish and strengthen its position in the market.

- Legal basis of ownership: The patent will be the strong legal basis for the owner to prove his/her ownership over the invention. It is especially important when there is a dispute related to the invention. Additionally, if the owner finds out any act of counterfeiting or imitation of the invention to compete with the owner’s brand, the owner of the invention can base on the granted patent to ask competent state agencies to handle the infringement.

- Making more profit: The owner can manufacture new products or provide new services that are based on an invention. Customers usually like new invention so the revenue of the company will probably increase. Besides, with the exclusive rights, only the company that owns the invention can distribute that new products/services to the market, thus reducing competition and the owner can even charge higher prices for the products/services and make more profits. On the other hand, the registered invention can also bring new source of income from selling or licensing the invention.

- Benefit in marketing, branding or fundraising: Registering an invention and being granted a patent will create an image of a high technology company with great creativity. It will increase the success chance of marketing, branding or fundraising plans. The invention will help the owner to attract potential investors and business partners much easier.

- Recognizing as an asset: After being registered, a patent will be recognized as an asset of the owner and can be used to contribute to companies’ capital or used as collateral for bank loans.

2. What are inventions of computing, calculating or counting?

Inventions can be described as technological solutions, according to the provisions of Vietnamese intellectual property law, in the forms of products or processes that apply laws of nature to solve particular problems in our lives. From this concept, we can understand computing, calculating or counting inventions as technical solutions in the form of computing, calculating or counting methods, systems, machines which apply natural laws to solve specific problems.

To be recognized as an invention, a technical solution must meet the following prerequisites:

- It has the novelty;

- It has the creativity;

- It has the industrial application capability.

Besides, the Intellectual Property Law of Vietnam specifies the following subject-matter shall not be defined as inventions:

- Mathematical methods, scientific discoveries or hypotheses.

- Diagram, plans, principles and methods for conduct mental activities, to train domestic animals, to play games and do business; computer programs.

- Ways to present information.

- Solutions with aesthetic properties only.

- Varieties of plants and animal breeds.

- Plant or animal production processes that are mainly of a biological nature, rather than microbiological processes.

- Methods of detection, diagnosis, and treatment of human and animal diseases.

According to the intellectual property law of Vietnam, there are two types of patents: invention patent and utility solution patent.

Once licensed, inventions are listed under the International Patent Classification (IPC), a worldwide patent registration scheme that systematically classifies patents. Computing, calculating, or counting inventions are sorted into Class G06 under the latest edition of IPC. This class contains mainly inventions/utility solutions in the forms as follows:

- Digital computers in which all the computation in effected mechanically;

- Digital fluid-pressure computing devices;

- Optical computing devices;

- Electric digital data processing;

- Analogue computers;

- Hybrid computing arrangements;

- Recognition of data; presentation of data; record carriers; handling record carriers;

- Counting mechanisms;

- Computer systems based on specific computational models;

- Data processing systems or methods, specially adapted for administrative, commercial, financial, managerial, supervisory or forecasting purposes; systems or methods specially adapted for administrative, commercial, financial, managerial, supervisory or forecasting purposes;

- Image data processing or generation, in general;

3. How to register inventions of computing, calculating or counting in Vietnam?

In Vietnam the applicant shall file an application dossier with at least the documents as follows in order to register an invention:

- 02 copies of invention/utility solution registration declaration;

- 02 copies of invention/utility solution description that describes the invention/utility solution, including the protection request, and the images of the invention/utility solution (if any);

- 02 copies of the invention/utility solution abstract;

- Receipts for payment of the costs and charges as stipulated by law;

- In certain instances, the applicant may need to supply certain other supporting papers such as authorization letter, documents to show the right to register, or priority;

4. The process of registering inventions of computing, calculating or counting in Vietnam?

The applicant shall apply the patent application file to the National Office of Intellectual Property (NOIP) after a full collection of documents has been prepared. There are two methods to submit a dossier. The first method is to send it directly to the NOIP headquarters in Ha Noi or to its branch offices in Da Nang and Ho Chi Minh City. The second method is to submit the application indirectly by postal systems. The NOIP shall accept the submission and begin reviewing the patent application through the following phases:

Phase 1, formality assessment: In this first phase, the NOIP shall review the application in terms of formality requirements as defined by the provisions of intellectual property law. Normally this phase takes 01 month to complete.

Phase 2, publishing the application: After the patent application is determined to be a valid one, the NOIP shall publish the patent's information in the Industrial Property Official Gazette after 18 months from the date of submission.

Phase 3, substantive assessment: It is the most critical phase in the patent application evaluation process. The NOIP must thoroughly assess the application in terms of its substance to decide whether the invention/utility solution can be protected under the protection conditions and protection scope prescribed by law. It usually takes about 18 months to complete from the date of publishing.

Phase 4, patent issuance: Following all reviews, the applicant shall obtain a letter from the NOIP to pay all the state fees in order to eventually be granted an invention/utility solution patent.

5. Where to register inventions of computing, calculating or counting 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: 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 inventions of computing, calculating or counting 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 Limited