1. Why should you register the inventions of dairy products, edible oils, coffee, tea and cocoa products in Vietnam?

Along with the development of the whole economy in the world, foods and beverage industry has become a significant industry. Nowadays, companies operating in this area often invest a lot in researching and applying new inventions in developing and manufacture of foods and beverages. In a competitive market like that, it is very important to pay adequate attention to the protection of inventions. One of the most effective ways is to register these inventions with the competent state agencies in order to be granted patents and protected by the law. We can point out some great benefits of this administrative procedure as below:

- Register an invention will give the invention owner exclusive rights to use and exploit the invention by manufacturing, selling, distributing products based on the invention. Other companies, organizations and individuals will have no right to use or copy the invention without the consent of the owner.

- A patent is also a legal basis for the authority to handle infringements of other competitors if they violate the exclusive rights of the owner of the invention. It is also the evidence to prove the ownership in case there is any dispute relate to the invention between companies and individuals.

- In terms of economic advantages, a registered invention will create great competitive advantages for the owner compare with other competitors in the market. It will be an proof of an innovative companies with high-quality products, thus attracting more customers and enhancing the position of the company in the market.

- The invention after being registered and bring extra profit for the invention owner from licensing or transferring to other companies, organizations or individuals who want to use the invention. Besides, the invention can also be used to contribute to the capital of other companies, business cooperation contracts or investment projects as a property.

From the above benefits, we always our clients to register their inventions as soon as it is created in order to best protect the invention from potential risks of being copied or stolen.

2. What are inventions of dairy products, edible oils, coffee, tea and cocoa products?

In general, an invention is explained as a technical solution in our life that applies natural laws in order to resolve particular issues. This solution can be presented in the form of a technical tool, machine, mechanism or technical method. An invention can be protected in the form of Invention patent or Utility solution patent if it meets the following general conditions:

- It is novel;

- It is creative, not common knowledge;

- It is susceptible of industrial application.

In order to register for a patent, the inventions will be classified into different Classes according to the International Patent Classification. In terms of inventions of dairy products, edible oils, coffee, tea and cocoa products, these groups of inventions are classified into Class A23 of Section A, which mainly includes particular products or processes such as:

- General methods for preserving meat, sausages, fish or fish products;

- Preservation of eggs or egg products;

- Preservation or chemical ripening of fruit or vegetables

- Preservation of edible seeds, e.g. cereals;

- General dairy technology such as concentration, evaporation or drying, preservation of milk or milk preparations;

- Dairy products, e.g. milk preparations; milk powder or milk powder preparations; milk substitutes; cream; butter; buttermilk; cheese; cheese substitutes; whey;

- Edible oil or fat compositions containing an aqueous phase, e.g. margarines;

- Tea; tea substitutes; coffee; coffee substitutes; preparations thereof;

- Cocoa; Cocoa products, e.g. chocolate;

- Chewing gum;

- Frozen sweets, e.g. ice confectionery, ice-cream;

- Working-up of proteins for foodstuffs;

- Animal feeding-stuffs;

- Non-alcoholic beverages; Dry compositions or concentrates therefor;

- Meat products; meat meal; egg products; fish products; products from fruits or vegetables; soups; sauces; spices;

- Some harvesting machines or apparatus;

3. How to register the inventions of dairy products, edible oils, coffee, tea and cocoa products in Vietnam?

According to the Vietnamese intellectual property, the application dossier for a patent shall include the following documents and papers:

- Declaration Forms of Invention Registration (02 copies following to the prescribed form);

- Protection request of invention/utility solution (02 copies);

- Invention description forms (02 copies);

- Power of attorney (if any);

- Receipts of the payment of state fees and charges (if any);

4. Procedures for registration of inventions of dairy products, edible oils, coffee, tea and cocoa products in Vietnam?

Currently, the National Office of Intellectual Property (NOIP) is the competent state agency to examine and grant a patent for the invention registration application. The applicant can submit the application directly at the NOIP’s official office in Hanoi or to one of its representative offices in Ho Chi Minh City or Da Nang City. In addition, if you can submit the dossier directly, you can choose to submit the dossier via postal services provided by post offices and couriers. After the application is submitted, the National Office of Intellectual Property will record and issue the application number.

The invention registration application will be processed through the following procedures:

Step 1: The application will be examined by the NOIP in terms of the form

Step 2: The NOIP will publish the valid application in the Industrial Property Official Gazette

Step 3: The application will continue to be examined by the NOIP in terms of its content

Step 4: The NOIP will grant a patent for the invention and record the patent

5. Where to register the inventions of dairy products, edible oils, coffee, tea and cocoa products in Vietnam?

Foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam according to the current provisions of intellectual property law. All clients who want to register an invention can contact and come directly to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, 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 dairy products, edible oils, coffee, tea and cocoa products 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