1. Why should you register the inventions of machines or engines in general, engines plants in general, and steam engines?

The development of humans attached to the industrial revolutions and the inventions of machines or engines were key factors that lead to these industrial revolutions. Until now, in the modern society, inventions in this area still play significant roles in the development of every country and the development of Vietnam in particular. However, in Vietnam, the protection of inventions has not been paid adequate attention and it is still easy to use or copy an invention without the consent of the owner. In order to improve this situation, through this article, we would like to explain one of the most effective ways to protect an invention, it is to register the invention with the competent state agency, which is the National Office of Intellectual Property of Vietnam (NOIP). By registering the invention, you - the owner of the invention - will receive great benefits as below:

- Exclusive rights of the owner: These rights allow you exclusive apply the invention in the manufacture of particular products. The patent prevents other third parties from exploiting or copying the invention unless these parties have your consent in advance. The patent will be a huge competitive advantage for your company to establish or enhance the position in the market.

- Legal basis for dispute resolutions: The competent state agencies will base on the patent to identify the owner of an invention if there is a dispute related to the invention. You can also base on the registered invention to as the authority to handle any infringement of a third party and to claim compensation for damage caused by the violation.

- Increasing the revenue of the company: Normally, customers will like new technologies and customers will be attracted by products/services that applied new inventions. After registering an invention, you can announce it to the public without risks of being copied, thus, selling more products/services as well as increasing the value of these products/services in the market.

- Receiving extra money from transferring or licensing the patent: This is also options to be chosen when you do not want to or cannot afford to commercialize the invention by yourself. Although you can receive a huge amount of money when selling the patent, licensing the patent is still more popular method because beside a passive income source, you can still be able to control the competition in the market and commercialize the invention if you want.

- More chances to be successful in fundraising or finding business partners: A registered invention will be your advantage in fundraising or finding business partners, investors and business partners will consider it as evidence of an innovative company with high level of expertise.

2. What are inventions of machines or engines in general, engines plants in general, and steam engines?

Provisions of intellectual law of Vietnam define invention are technical solutions that apply laws of nature in solving particular problems. Technical solutions can be in the form of products or processes. In the areas of machines and engines, inventions may be presented in a variety of forms such as new machines, apparatuses or new methods of operating thereof.

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Technical solutions can be granted in the forms of Invention Patents or Utility Solution Patents, provided that it satisfies the following criteria:

- Novelty;

- Creativity; and

- Ability of industrial application.

When applying an invention in Vietnam, the invention will be classified into different Class according to the International Patent Classification (IPC). Inventions of machines or engines in general, engines plants in general, and steam engines are classified into Class F01 of Section F. This Class mostly includes the following areas of technical solutions:

- Machines or engines, in general or of positive-displacement type, e.g. steam engines;

- Rotary-piston or oscillating-piston machines or engines;

- Non-positive-displacement machines or engines, e.g. steam turbines;

- Steam engine plants; steam accumulators; engine plants; engines using special working fluids or cycles;

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- Cyclically operating valves for machines or engines;

- Lubricating or machines or engines in general; lubricating internal-combustion engines; crankcase ventilating;

- Gas-flow silencers or exhaust apparatus for machines or engines in general; gas-flow silencers or exhaust apparatus for internal-combustion engines;

- Cooling of machines or engines in general; cooling of internal-combustion engines;

3. How to register the inventions of machines or engines in general, engines plants in general, and steam engines in Vietnam?

Applicant shall prepare a registration dossier for an invention with the following documents and papers:

- 02 copies of invention registration forms, made according to the prescribed form (signed and stamped by the application owner or its representative)

- 02 copies of invention description including drawings (if any)

- Request of patent protection

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- Fee receipt for patent protection

- An authorization contract or a power of attorney for the representative organization to file an invention registration application (applicable to cases where the application owner authorizes a patent registration organization)

4. The process of registration for inventions of machines or engines in general, engines plants in general, and steam engines in Vietnam?

After the applicant files the patent registration application to the NOIP in Ha Noi or NOIP’s representative office in Da Nang city or Ho Chi Minh city, the application will be assessed through the following stages:

First stage: The patent application will be assessed in terms of its form. The processing time is about within 01 month.

Second stage: The patent application will be published in the Industrial Property Official Gazette. The publishing time is normally 18 months from the submitting date.

Third stage: The patent application will be assessed in terms of the content of the application. The processing time is normally 18 months from the publishing date.

Fourth stage: The NOIP will issue a patent if the applicant paid all the fees and charges properly and promptly.

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5. Where to register the inventions of machines or engines in general, engines plants in general, and steam engines 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

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6. Contact to register the inventions of machines or engines in general, engines plants in general, and steam engines 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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