1. What are the inventions of mechanical metal-working tools and methods?

Inventions of mechanical metal-working tools and methods are technical solutions in the form of mechanical metal-working tools and methods in order to solve particular issues by applying natural rules. The invention is protected by being granted an Invention patent or Utility solution patent.

The invention is protected in the form of Invention patent if the following conditions are met:

- Being new;

- Being creativity;

- Being able to industrially apply.

The invention is protected in the form of Utility solution patent if the following conditions are met:

- Being new;

- Is not common knowledge;

- Being able to industrially apply.

Inventions of mechanical metal-working tools and methods are classified into Classes from Class B21 to Class B26, Section B according to the International Patent Classification. These Classes mainly covers products and technical process related to mechanical metal-working without essentially removing material, punching metal; casting, powder metallurgy; grinding, polishing; hand tools, portable power-driven tools, handles for hand implements; workshop equipment; manipulators; hand cutting tools, cutting, severing; for example:

- Screws, wheels, rings, barrels, balls;

- Manufacture of metal sheets, wire, rods, tubes, profiles or like semi-manufactured products otherwise than by rolling, auxiliary operations used in connection with metal-working without essentially removing material;

- Making metal needles, pins, nails, screws, wheels, rings, barrels, balls, metal chains;

- Foundry molding;

- Casting or metal or other substances by the same processes or devices;

- Manufacture of articles from metallic powder, apparatus or devices specially adapted for metallic powder;

- Making gears or toothed racks;

- Assembling machines;

- Tools, machines for grinding or polishing;

2. Why should you register the inventions of mechanical metal-working tools and methods in Vietnam?

Vietnam is currently a developing country, and as in other developing countries in the world, the violation of intellectual property right is really a big issue. Companies as well as individuals still do not pay adequate attention to the protection of intellectual property in general and to the protection of inventions in particular. Inventions still are copied and used without authorization of the rightful authors, thus making huge loss for the authors. If register the invention soon, the author can receive huge benefits as below:

- Establish the exclusive rights for the author to use and make products based on the inventions. Other companies, organizations or individuals are not allowed to use, copy or exploit the inventions without the prior consent of the author. This benefit will enhance the position of a company in the market by reducing or eliminate the competition.

- The patent will be a legal basis in identifying the real author of the invention in case of dispute. The author will be able to ask competent state agencies to have appropriate administrative actions to handle patent violation of other companies, organizations or individuals in the market.

- The author can also have more income from licensing or transferring the invention for other entities in the market. If the owner of the invention is a company, company will be able to manufacture many products based on the inventions and enjoy the benefit from selling these products exclusively. The owner can also use the patent as a property to contribute to the capital of companies or as security for bank loans.

- The company can build an impressive image when advertise about a registered invention. Customers will be attracted by the products of company because of the new technology and the quality based on the inventions. This advantage can create a huge economic benefit for the company.

From the above reasons, Minh Khue Law Firm encourages every author, owner of inventions should register the inventions as soon as possible to prevent potential risks and receive benefits from it.

3. How to register the inventions of mechanical metal-working tools and methods in Vietnam?

In order to register inventions, applicant should prepare a dossier with the following documents and papers:

- 02 Invention application form, typing according to the form prescribed by competent state agencies;

- 02 copies of Invention description;

- 02 copies Request for protection of invention/utility solution;

- Receipts of fees and charges.

- Authorization Letter (if submitted through an industrial property representative organization);

Besides, there may be some other documents are required in certain cases as below:

- Transfer assignment of the right to apply (if any);

- Documents certifying the right to registration (if beneficiary from others);

- Documents proving the priority (if the invention registration application requires priority right).

4. Procedures of invention registration for mechanical metal-working tools and methods in Vietnam?

The invention of mechanical metal-working tools and methods in order to be granted a patent shall go through steps with the processing time as below:

Step 1: The invention registration application submission (within a day if submitted directly)

Step 2: Appraisal of the form of invention application (01 month)

Step 3: Publication of the application (18 months from the priority date or filing date, if the application does not have priority date, or within 02 months from the date of accepting the valid application)

Step 4: Appraisal of the content of invention application (within 18 months from the date of publication of the application, if a request for content examination is filed before the date of publication of the application, or from the date of receipt of a request for content examination if such request is filed after the date of publication of the application.

Step 5: Granting and recording the patent

5. Where to register the inventions of mechanical metal-working tools and methods in Vietnam?

For applicant which is an organization with a business office or an individual with permanent residence in Vietnam, the applicant may proceed or authorize a representative organization to proceed with the invention patent registration at the National Office of Intellectual Property of Vietnam (NOIP).

For foreign applicants (foreign organizations or individuals that do not have a commercial presence in Vietnam, it is compulsory to apply for an invention patent through industrial property representative organizations in Vietnam.

Clients can choose and authorize the Minh Khue Law Firm to carry out the procedure of registration of inventions of generating or transmitting mechanical vibration equipment; sorting, cleaning, waste disposing equipment in Vietnam. Minh Khue Law Firm is a certified industrial property representative in Vietnam since August 2017, with the representative code is 226.

We have help many domestic as well as foreign clients to register their inventions successfully in Vietnam.

All the procedures will be carried out by the Intellectual Property Department of Minh Khue Law Firm 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 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

After the application is submitted, the National Office of Intellectual Property will record and issue the application number.

6. Contact to register the inventions of mechanical metal-working tools and methods 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 Limited