1. Why should you register the inventions of locks, keys, window or door fittings and safes?

In our modern life, people start paying more attention to the security of houses, thus increasing the demand of products locks, keys, window or door fittings and safes. Therefore, companies are also investing a lot in researching and inventing new technologies in order to meet demand. In a competitive market like that, it is also necessary to have adequate protection for new inventions. In this article, Minh Khue Law Firm would like to discuss the legal method to protect your invention in Vietnam, it is to register the invention with the National Office of Intellectual Property (NOIP) for a patent. A patent can bring not only legal protection to your invention but also many other benefits as below:

- You will be granted exclusive rights to use and exploit your registered invention in a specific period of time. Only your company can manufacture and provide products/services that are based on the invention. This is a huge competitive advantage to help your company establish a strong and leading position in the market. The patent prevents other companies, organizations or individuals from using or copying your invention without your consent.

- The patent will also be the legal basis for you to ask competent state agencies to handle infringement if there is any third party violated your exclusive rights. Besides, the authorities also base on the patent to identify the true owner of the invention when settling disputes and damage claims related to the invention.

- Your company will have higher revenue from selling products or services based on the patented invention. Because customers will see your company as a reliable company, with high-quality and certified products/services. A patent will definitely increase the value of a product/service.

- On the other hand, if you do not want to or do not have the economic capacity to commercialize your invention by yourself, transferring or licensing the patent will be good choices. Licensing a patent is normally chosen by inventions’ owners because by this way, you will have a passive income source but still retain the ownership over the invention, you can still control the competition in the market and be able to commercialize it by yourself when you want to.

- Finally, by registering the invention and being granted a patent, your company will be considered by business partners and investors as an innovative company with a high level of expertise. This will bring significant advantage in fundraising, finding business partners or raising the market value of your company.

2. What are inventions of locks, keys, window or door fittings and safes?

According to Clause 12, Article 4 of the Vietnamese Law on Intellectual Property, an invention is defined as a technical solution in the form of a product or a process with the purpose of solving a specific problem by the application of natural principles. A technical solution can be presented as a new material, mechanism, structure or a process to apply old structure or method for a new function.

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Accordingly, an invention can be protected in the form of an Invention Patent or Utility Solution Patent, based on its nature, with the conditions that the following general requirements are all satisfied:

- The invention is novel;

- The invention is creative;

- The invention is susceptible of industrial application.

When applying for patents, inventions will be classified into different Classes according to International Patent Classification based on their nature and function. The inventions locks, keys, window or door fittings and safes are classified into Class E05 of Section E, which includes inventions as below:

- Details or accessories of locks or the like; Keys;

- Locks with rotary keys moving lamelliform tumblers perpendicular to the key;

- Locks of which the tumblers are set by pushing the key in;

- Locks with indicating or timing devices;

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- Operation or control of locks by non-mechanical means, e.g. from a distance;

- Bolts, latches or equivalent wing-fastening devices, characterised by special way of movement, e.g. moving rectilinearly, pivotally or rotatively;

- Hinges or other suspension devices for doors, windows, or wings;

- Devices for moving wings into open or closed position; checks for wings;

- Safes or strong-rooms for valuables; bank protection devices; safety transaction partitions;

3. How to register the inventions of locks, keys, window or door fittings and safes in Vietnam?

In order to register for a patent in Vietnam, a registration dossier for inventions of locks, keys, window or door fittings and safes shall include at least documents and papers as below:

- 02 copies of Patent Declaration Form;

- 02 copies of Patent Description in detail;

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- 02 copies of Brief Patent Summary ( this document can be submitted later after the dossier is accepted);

- 02 copies of Patent Protection Request;

- Payment receipt of the submitting fees (if any);

- Some documents for particular cases, e.g. documents to prove the priority right, the right to apply (if any), or authorization letter (if any), etc.

4. The process of registration for inventions of locks, keys, window or door fittings and safes in Vietnam?

The application of patent registration can be submitted to the NOIP’s headquarter in Ha Noi city or one of its representative offices in Da Nang and Ho Chi Minh city. The applicant can submit it directly or indirectly via postal services.

After being filed, in general, an application of patent registration for inventions locks, keys, window or door fittings and safes shall go through a process of evaluation as below:

Stage 1: The application will be assessed by NOIP in terms of its form.

Stage 2: If the application is valid, the information of the application will be published by NOIP in the Industrial Property Official Gazette.

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Stage 3: The application will continue to be assessed by NOIP in terms of its content.

Stage 4: The NOIP will issue an Invention/Utility solution Patent after the issuing fees and charges are paid fully and promptly by the applicant.

5. Where to register the inventions of locks, keys, window or door fittings and safes 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

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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 locks, keys, window or door fittings and safes 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

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