1. Why should you register the inventions of fertilisers and manufacture of fertilisers in Vietnam?

In Vietnam, agriculture is one of the most important sectors that determine the development of the whole economy. Therefore, the inventions in this area are always invested more than any other area. And the inventions of fertilisers and manufacture of fertilisers are not exceptions. There are more and more companies, organizations as well as individuals invest in research for new types of fertiliser or new method to manufacture them. In a developing market like that, it is also very important to pay adequate attention to the registration of these inventions. By registering inventions with the competent state agency, the owner of inventions can receive huge advantages as below:

- Receive the legal protection from the provisions of law and the competent state agencies. The owner of the inventions will be granted exclusive rights that no company, organization or individual has. The exclusive rights include the right to distribute or manufacture specific products that are based on the inventions. Other entities can only use or apply the invention with the permission of the owner of the invention. If there is any entity tries to violate the exclusive rights of upon the invention, the owner can ask the authorities to handle the infringement as well as the claim compensation for damages. This benefit will enhance the competitive advantage of the company in order to compete with other competitors in the market.

- Establish the legal basis for the competent state agencies to identify the owner of the invention and resolve disputes related to the ownership of the invention. This is also the reason why you should register your invention as soon as it is created. If another company, organization or individual register the same invention before, it will be recognized as the owner of the invention and you may lose your invention.

- Contribute to the success of the company in the business operation by creating a good impression and the trust of customers as well as business partners in the company. Your customers or business partners will believe your company is an innovative company with high quality products and services and high potential to develop in the future.

- Increase the value of the company because after being registered, an invention will be an asset of the company and can be transferred, contributed to the capital of companies as well as in business contracts. The owner of the invention can also receive profit from licensing other entities that want to apply the invention.

2. What are inventions of fertilisers and manufacture of fertilisers?

Generally, inventions are technical solutions that solve specific issues by applying natural laws. Inventions of fertilisers and manufacture of fertilisers can be presented in the form of new products of fertilisers or new materials, methods, processes of manufacturing and treatment of fertilisers. These types of solutions can be protected in the form of an Invention patent or Utility solution patent only if they satisfy the general requirements as below:

- The solution is novel;

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- The solution is creative and not common knowledge;

- The solution can be applied industrially.

According to the International Patent Classification, the invention will be sorted out into different Classes based on their differences in character and nature. The inventions of fertilisers and manufacture of fertilisers are sorted out into Class C05 of Section C, which contains products, materials or processes as below:

- Superphosphates, i.e. fertilisers produced by reacting rock or bone phosphates with sulfuric or phosphoric acid in such amounts and concentrations as to yield solid products directly;

- Fertilisers based essentially on di-calcium phosphate;

- Thomas phosphate; Other slag phosphates;

- Fertilisers based essentially on alkali or ammonium orthophosphates;

- Fertilisers based essentially on phosphates or double phosphates of magnesium;

- Organic phosphatic fertilisers;

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- Ammonium nitrate fertilisers; Fertilisers containing other salts of ammonia or ammonia itself, e.g. gas liquor; Fertilisers containing calcium or other cyanamides; Fertilisers containing urea or urea compounds;

- Fertilisers containing potassium; Calcareous fertilisers; Fertilisers containing magnesium; Fertilisers producing carbon dioxide;

- Fertilisers made from animal corpses; Fertilisers from human or animal excrements, e.g. manure;

Fertilisers from distillery wastes, molasses, vinasses, sugar plant, or similar wastes or residues;

Fertilisers from waste water, sewage sludge, sea slime, ooze or similar masses; Fertilisers from household or town refuse;

3. How to register the inventions of fertilisers and manufacture of fertilisers in Vietnam?

In general, the applicant shall prepare a dossier of registration application for inventions of fertilisers and manufacture of fertilisers in Vietnam with the following documents:

- The Patent Registration Application form (02 copies);

- Invention/utility solution Description and Invention/utility solution protection request (02 copies);

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- 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);

- Papers that prove the right to register in case of receiving register right from another person;

- Papers that prove the priority if the applicant requires priority right.

4. The process of registration for inventions of fertilisers and manufacture of fertilisers in Vietnam?

After preparing a complete dossier, the applicant can submit the dossier of invention registration directly at the National Office of Intellectual Property (NOIP) in Ha Noi or one of two NOIP’s representative offices in Da Nang and Ho Chi Minh City. By directly submitting, it will take only one morning or afternoon to finish this procedure. In addition, the applicant can submit the dossier indirectly via postal services. This way of submission will take a few days to finish, depending on the delivery time of the post offices or couriers and the location of the applicant.

The application will be issued an application number by the NOIP and the number will be provided to the applicant. The NOIP will examine the application with specific procedures as below:

Step 1: NOIP will examine the application in terms of its form. The examining time is from 01 to 02 months from the date the registration application was submitted.

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Step 2: The NOIP will publish the application information in the Industrial Property Official Gazette. The processing time is 18 months from the submission date of the application or the priority date (if any), or within 02 months from the submission date of the request for content examination.

Step 3: NOIP will examine the application in terms of its content. The examining time in this stage is about 18 months.

Step 4: NOIP will notify the applicant about the decision to grant the Invention/Utility solution patent. The applicant will have to pay all the prescribed fee according to the notification in order to receive a patent.

5. Where to register the inventions of fertilisers and manufacture of fertilisers in Vietnam?

The current provisions of Vietnamese intellectual property law only allow foreign companies or individuals to register their inventions in Vietnam through an industrial property representative in Vietnam. Minh Khue Law Firm has registered successfully many inventions for foreign as well as domestic clients, both in Vietnam and abroad. Minh Khue Law Firm has been licensed as an industrial property representative since August 2017, 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;

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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 fertilisers and manufacture of fertilisers 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,

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Intellectual Property Department - Minh Khue Law Company Limite

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