Register inventions of fluid-pressure actuators, hydraulics and pneumatics in Vietnam?

1. Why should you register the inventions of fluid-pressure actuators, hydraulics, and pneumatics?

Before learning about how to register an invention, you may ask why should you register your invention with the competent state agency, especially if it is an invention of fluid-pressure actuator, hydraulic or pneumatic. The inventions of fluid-pressure actuators, hydraulics and pneumatics have played essential roles along with the development of human history. Accordingly, inventions in this area are always invested a lot by countries, organizations, companies or even individuals so they can keep improving the world. However, because of the high economic value, inventions in this are sometimes used, copied or stolen illegally, thus leading to unfair competition. In order to prevent this situation, you should register your inventions for a patent as soon as possible. The patented invention can bring huge benefits as below:

- An invention that has been patented will give the owner of it the rights to exclusively commercialize the patent by manufacturing or distributing particular products or services that are based on the invention. These exclusive rights prevent other competitors from exploiting the patent, unless they have the owner’s permission. This competitive advantage will help a company to establish a leading position in the market.

- If you have not registered your invention, you may lose your invention when there is a dispute related to the ownership of the invention but you do not have evidence to prove it. The resolution process would also take a lot of time, money and effort. With a registered invention, the patent is all you need. The patent will be also the legal basis for you to ask the authority to handle any violation.

- For fluid-pressure actuators, hydraulics and pneumatics in general, investment in this area may be expensive but the patent can bring much more returns from the investment. The economic value of products that apply the invention will increase significantly. After being registered, the invention can be used for the purpose of marketing and it will attract more customers, business partners as well as investors, because customers, business partners and investors often like innovation.

- On the other hand, you can use the patent to contribute to other capital of companies or business projects. It can also give you more money from licensing or transferring the invention.

2. What are inventions of fluid-pressure actuators, hydraulics, and pneumatics?

In general, inventions are sorted out into two types, which are inventions and utility solutions, according to the Vietnamese intellectual property law. Inventions or utility solutions are technical solutions which are in the form of products, machines, apparatuses or processes and methods that aim to solve certain issues in life, with the application of natural principles.

Accordingly, technical solutions can be protected in the form of invention patents or utility solution patents, provided that the technical solutions meet the following prerequisites:

- The solutions are novel;

- The solutions are creative; and

- The solutions are applicable for industrial applications.

In accordance with the International Patent Classification (IPC), the inventions are classified into different Classes, based on certain criteria. According to the newest version of IPC, inventions of fluid-pressure actuators, hydraulics and pneumatics are classified into Class F15. This Class mostly includes the below solutions:

- Systems acting by means of fluids in general;

- Fluid-pressure actuators, e.g. servomotors;

- Details of fluid-pressure systems;

- Fluid-circuit elements predominantly used for computing or control purposes;

- Manufacture of fluid-circuit elements; Manufacture of assemblages of such elements;

- Fluid dynamics, i.e. methods or means for influencing the flow of gases or liquids;

3. How to register inventions of fluid-pressure actuators, hydraulics, and pneumatics in Vietnam?

When registering an invention in Vietnam, you should prepare a dossier with at least the below papers and documents:

- Patent registration forms (02 copies);

- Patent descriptions in detail, (02 copies);

- Invention protection request (02 copies);

- Payment receipt of submitting charges (if any);

- Letter of authorization (if any);

- Some other documents according to certain cases.

4. The process of registration for inventions of fluid-pressure actuators, hydraulics, and pneumatics in Vietnam?

After preparing the application dossier, you can file the application (directly or indirectly via postal services) to the National Office of Intellectual Property (NOIP) in Ha Noi or representative offices of NOIP (currently, NOIP has representative offices in Da Nang city and Ho Chi Minh city). After that, the NOIP will start assessing your application through a series of steps as below:

Step 1: The NOIP will assess your application in terms of its form. This is called formal assessment and it takes about 01 month.

Step 2: The NOIP will publish the patent information in the Industrial Property Official Gazette. This process normally starts after 18 months since the submitting date.

Step 3: The NOIP will assess the content of your application. This process usually takes 18 months from the publishing date.

Step 4: The NOIP shall grant an Invention/Utility solution patent if all the requirements are met and all state fees are paid promptly.

5. Where to register inventions of fluid-pressure actuators, hydraulics, and pneumatics 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 fluid-pressure actuators, hydraulics, and pneumatics 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