1. Why should you register the inventions of explosives and matches in Vietnam?

The industry of manufacture and distribution of explosives and matches is special because these are very dangerous products but play very important roles in other industries such as the mining industry. Like inventions in other areas, inventions of explosives and matches also need to be protected by many ways in order to prevent unauthorised access to the invention. In this article, we will discuss the legal way to protect an invention, which is registering it with the competent state agency. Registering an invention not only provides legal protection for the invention but also bring other great benefits as below:

- Exclusive ownership of an invention is only established by the registration procedure, and the scope of protection is determined in the protection title. When a dispute arises, the certificate for invention protection is the only evidence that proves the proprietary rights of the owner without the need of other evidence. This is also the first reason why every company, organization or individual who owns an invention needs to carry out the procedure as soon as possible.

- During the invention protection period, the owner has the exclusive right to use, assign or transfer the right to use the invention, any third party who exploits the invention without the owner's permission is deemed to infringe upon the rights of the owner and will be handled according to law. The owner of an invention has the right to request a competent state agency to handle infringements of his protected invention. It will create a great competitive advantage for a company to compete with other competitors in the market.

- By exploiting and using an exclusive patent, the inventor can be paid for the material and intellectual investments in the invention and benefit from the exploitation of his/her creative work. First, the owner can benefit from manufacturing, selling or distributing products or services that are based on the invention. Second, the owner of the invention can receive profit from transferring or licensing of the invention. Third, the invention can be used as the capital to be contributed to other companies’ capital or business investment project.

- The image and value of the company will grow significantly because a patent will be a proof of an innovative company and products/services provided by the company will attract more customers as well as business partners.

2. What are the inventions of explosives and matches?

According to the Vietnamese provisions of intellectual law, inventions are defined as technical solutions that solve particular problems by applying natural rules. So an invention of explosives and matches can be in the form of a new product of explosives and matches; or a new material, substance, method and process of production and treatment of explosives and matches. A technical solution can be protected in the form of an Invention patent or Utility solution patent, provided that it satisfies the following general criteria:

- The solution is novel;

- The solution is creative and not common knowledge;

- The solution can be applied industrially.

An invention must be created by humans, rather than what (existed in nature) discovered by humans.

Under the International Patent Classification, a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner, the inventions of explosives and matches are classified into Class C06 of Section C. This Class of inventions covers particular products, methods and processes as below:

- Apparatus or methods for working-up explosives, e.g. forming, cutting, drying;

- Explosive or thermic compositions such as compositions characterised by non-explosive or non-thermic constituents; Compositions containing a nitrated organic compound; Compositions containing an inorganic oxygen-halogen salt, e.g. chlorate, perchlorate; etc.;

- Use of single substances as explosives;

- Fuses, e.g. fuse cords;

- Non-electric detonators; Blasting caps; Primers;

- Chemical contact igniters; Chemical lighters;

- Pyrophoric compositions; Flints;

- Generation of smoke or mist (chemical part);

- Generation of pressure gas, e.g. for blasting cartridges, starting cartridges, rockets;

- Compositions for gas-attacks;

- Mechanical manufacture of matches;

- Chemical features in the manufacture of matches;

- Permanent matches; Wax matches;

3. How to register the inventions of explosives and matches in Vietnam?

Generally, in order to register inventions of explosives and matches in Vietnam, the applicant shall prepare a dossier that includes the following documents and papers:

- The Patent Registration Declaration Form (02 copies as the prescribed form);

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

- The Invention/utility solution summary (02 copies);

- Copy of fees and charges payment receipt (in case the charges and fees are paid via postal service or transferred into the NOIP's account)

- Authorization letter (if applying through a representative);

- Other related papers, if any (such as papers to prove the right to register in case of receiving register right from another person; paper to prove the priority if the application has the request of priority right, etc.).

4. The process of registration for inventions of explosives and matches in Vietnam?

After finishing the preparation of the invention registration dossier, the applicant shall submit the application directly at the National Office of Intellectual Property (NOIP) in Ha Noi or one of two its representative offices in Da Nang and Ho Chi Minh City. It normally takes only one morning or afternoon to finish this procedure. Besides, the applicant can submit the application via postal services if it is more convenient. However, the application take a few days to arrive in the NOIP’s places, depending on the delivery time of the post offices or couriers.

Each application for invention registration will have an application number and the applicant will get this number from the NOIP after the application is received. The competent state agency will appraise the application with specific procedures as below:

First step: The application will be appraised by the competent state agency in terms of formal requirements. The appraising time is normally 02 months from the date of the application submission.

Second step: If the NOIP determines that the application is a valid application, its information will be published in the Industrial Property Official Gazette. It will take about 18 months from the submission date of the application or the priority date (if any), or 02 months from the submission date of the request for content examination.

Third step: The application will continue to be appraised in terms of its content. The processing time is about 18 months.

Final step: The applicant will receive a notification of the decision to grant an Invention/Utility solution patent. The applicant must pay all the prescribed state fees and charges in order to receive the protection title.

5. Where to register the inventions of explosives and matches in Vietnam?

Currently, Vietnamese provisions of intellectual property law require foreign companies or individuals, who want to register their inventions in Vietnam, to carry out the procedures through an industrial property representative in Vietnam. Minh Khue Law Firm is an industrial property representative which has been licensed since August 2017 by the competent state agency, with the representative code is 226. We helped a lot of clients register their invention 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.

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 explosives and matches 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