Register inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids in Vietnam?

1. Why should you register the inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids?

In this article, Minh Khue Law Firm would like to provide consultancy on the importance of invention registration, especially for inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids in Vietnam. The inventions of positive-displacement machines and pumps have had key impacts on the development of human history and this area of invention has been invested a lot of money by companies, organizations as well as individuals to keep changing and improving the world. But, because of the great value, these inventions are still copied or stolen by some companies illegally, thus causing unfair competition in the market. In order to fix this problem, the owner of the inventions should register the inventions with the authority as soon as the invention is created. A registered invention will bring the following advantages:

- After registering an invention, the owner of the invention will be granted rights to exclusively apply the invention in making or selling specific products or services, as well as, to exclude other third parties from using, copying or exploiting the invention without the consent of the owner. This benefit will create a huge competitive advantage for a company to build and maintain a strong position in the market.

- If an invention has not been registered, when there is any dispute related to the invention, it will take a lot of time, effort as well as money to resolve the dispute. You will have to provide many evidence to prove your rightful ownership of the invention. In addition, the patent will be the legal basis for the owner to ask competent state agencies to handle any infringement.

- Especially with positive-displacement machines for liquids, a registered invention can give the owner a high return from investment in the invention. On the one hand, the invention will increase the value of owner’s products/services that apply the invention. On the other hand, the registered invention can be used for marketing to attract more customers to buy the products/services. Besides, the invention can bring a good impression to the company’s business partners and investors.

- The owner can also use the patent as an asset to contribute to other companies’ capital.

- Finally, the registered invention can bring extra profits from transferring or licensing the invention.

2. What are inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids?

Provisions of Vietnamese intellectual property law sort out the inventions in two types: invention and utility solution. An invention/utility solution is generally defined as a technical solution that are presented in the form of a product or a process for the purpose of solving specific problems with the application of natural rules.

Generally, a technical solution can be granted an invention/utility solution patent only when it meets the prerequisites below:

- The solution is novel;

- The solution is creative; and

- The solution is susceptible of industrial application.

Based on the characteristics of an invention, it will be sorted out into particular Classes when registering with the competent state agency in accordance with the International Patent Classification (IPC). According to the current version of IPC, inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids are classified into Class F04, which mainly include the following solutions:

- Pumps for liquids or for liquid and elastic fluids; positive-displacement machines for liquids;

- Pumps specially adapted for elastic fluids;

- Machines or pumps having flexible working members;

- Machines for liquids; Pumps for liquids or for liquids and elastic fluids;

- Pumps specially adapted for elastic fluids;

- Rotary pumps specially adapted for elastic fluids; Other non-positive-displacement pumps;

- Pumping of fluid by direct contact of another fluid or by using inertia of fluid to be pumped; siphons;

3. How to register inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids in Vietnam?

When register an invention, firstly, the applicant shall prepare the following documents according to the provisions of law:

- Patent registration forms (02 copies that made in accordance with the prescribed form);

- Patent descriptions in detail, (02 copies, including diagrams (if any));

- Request of invention protection (02 copies);

- Payment receipt of submitting fees;

- Power of attorney (if any)

4. The process of registration for inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids in Vietnam?

When finishing the preparation, the applicant can submit the patent registration dossier, directly or indirectly via post, to the National Office of Intellectual Property (NOIP) in Ha Noi or one of its representative offices in Da Nang city or Ho Chi Minh city. Then, the NOIP will examine the application through the following stages in order to see whether it meets all the requirements:

Stage 1: The NOIP will examine the form of the application. The process takes about 01 month.

Stage 2: If the application is valid, the NOIP will publish the patent information in the Industrial Property Official Gazette, normally after 18 months since the submitting date.

Stage 3: Within 18 months from the publishing date, the NOIP will examine the content of the application.

Stage 4: The NOIP will grant the protection title within 03 months since the date applicant pay all the state fees promptly).

5. Where to register inventions of positive-displacement machines for liquids, pumps for liquids or elastic fluids 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 positive-displacement machines for liquids, pumps for liquids or elastic fluids 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