Register inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general in Vietnam?

1. Why should you register the inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general?

Before providing an explanation of how to register an invention, the owner of invention should understand the reason why it is important to carry out this procedure. The inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general play key roles in the development of human history. These inventions are often invested a lot to keep improving the world. However, due to the high economic value, some people still try to use, copy or even steal these inventions illegally, thus, causing unfair competition in the market. Therefore, the owners of inventions should register their inventions as soon as possible to prevent this above situation. A patented invention can bring the following advantages:

- A patented invention will provide exclusive rights to apply the invention in manufacturing or distributing special products or services. These rights will help the owner of the invention prevent other companies, organizations or individuals from exploiting it unauthorized without the owner’s permission. This is one of the biggest advantages of the procedure of invention registration.

- If your invention has not been registered for a patent, it is possible that you may lose your invention in case the ownership of the invention is in dispute but you cannot prove your ownership. It could take a lot of time and money to resolve such disputes. If you have registered the invention before, it would be very easy to prove your ownership, all you need to provide is the patent. It will also be the legal basis the authority to handle any infringement related to the invention.

- The registered invention will bring high returns from the investment into it. After being granted a patent, the owner of the invention can use it publically for the purpose of marketing in order to sell more products/services as well as attract more customers, business partners and investors, because people often like new technologies and innovation.

- Last but not least, the invention can be used to contribute to the capital of other companies or business cooperative projects. The owner would also receive more profit from licensing or transferring the invention.

2. What are inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general?

According to the Vietnamese intellectual property law, inventions are generally divided into two forms: inventions and utility solutions. Inventions or utility solutions are defined as technical solutions that are presented in the form of specific products or processes and methods that have purpose is to solve certain issues in life, with the application of natural laws.

Accordingly, there are two forms of patents, which are invention patents or utility solution patents. A technical solution can be granted a patent only when it meets the following prerequisites:

- It is novel;

- It is creative; and

- It is applicable to industrial application.

Currently, inventions are classified into different classes follow the International Patent Classification (IPC) that established by the Strasbourg Agreement 1971 and updated regularly. According to the current version of IPC, inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general are classified into Class F16. This Class mainly contain the following technical solutions:

- Device for fastening or securing constructional elements or machines parts together, e.g. nails, bolts, circlips, clamps, clips or wedges; joints or jointing;

- Shafts; flexible shafts; mechanical means for transmitting movement in a flexible sheathing; elements of crankshaft mechanisms; pivots; pivotal connections; rotary engineering elements other than gearing, coupling, clutch or brake elements; bearings;

- Couplings for transmitting rotation; clutches; brakes;

- Springs; shock-absorbers; means for damping vibration;

- Belts, cables, or ropes, predominantly used for driving purpose; chains; fittings predominantly used therefor;

- Gearing;

- Pistons; cylinders; pressure vessels in general; sealings;

- Valves; taps; cocks; actuating-floats; devices for venting or aerating;

- Pipes; joints or fittings for pipes; supports for pipes, cables or protective tubing; means for thermal insulation in general;

- Frames, casings, or beds, of engines; stands or supports;

- Lubricating;

- Safety devices in general;

- Constructional elements in general; structures built-up from such elements;

- Steam traps or like apparatus for draining-off liquids from enclosure predominantly containing gases or vapours;

3. How to register inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general in Vietnam?

In order to register an invention in Vietnam, firstly, you have to prepare a patent registration dossier with the following papers and documents:

- 02 copies of Invention registration forms;

- 02 copies of Invention detailed descriptions;

- 02 copies of Invention protection request;

- Payment receipt of application fee (if any);

- Power of attorney (if any);

- Other related documents in certain cases.

4. The process of registration for inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general in Vietnam?

The patent registration dossier can be submitted directly (or indirectly via postal services) to the National Office of Intellectual Property (NOIP) in Ha Noi or to its representative offices (currently, there are two representative offices which is the office in Da Nang city and the office Ho Chi Minh city). After being submitted successfully, the application will be assessed through a series of stages as below:

Stage 1: The application will be assessed in terms of formal conditions. This stage is referred to as formal assessment and the processing time is about 01 month.

Stage 2: The application will be published in the Industrial Property Official Gazette and the process normally begins after 18 months from the submitting date.

Stage 3: The application will be assessed in terms of its content. This stage is referred to as content assessment and it usually takes 18 months from the publishing date.

Stage 4: The NOIP shall issue a patent if the application meets all the requirements and all state fees are paid promptly.

5. Where to register inventions of engineering units, producing and maintaining functions of machines or installations, thermal insulation in general in Vietnam?

Under the Vietnamese law on intellectual property, foreign invention owners (including companies, organizations or individuals) can only apply their inventions in Vietnam through industrial property representative organizations like Minh Khue Law Firm. Minh Khue Law Firm was licensed and certified as an industrial property representative in Vietnam from August 2017, with the representative code is 226. We helped a lot of clients register their inventions 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.

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 engineering units, producing and maintaining functions of machines or installations, thermal insulation in general 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