Register inventions of tools and methods in working cement, clay, stone, plastic and substances in a plastic state in Vietnam?

1. What is an invention of tools and methods in working cement, clay, stone, plastic and substances in plastic state?

An invention in working cement, clay, stone, plastic and substances in plastic state is a technical solution that is presented in the form a tool, apparatus, or machines, part, mechanism, or technical methods with the purpose to resolve a specific problem by applying natural rules. The invention can be protected in the form of grant of an Invention patent or Utility solution patent.

In order to be protected, the invention must have novelty, creativity, and be able to apply industrially.

Inventions of tools and methods in working cement, clay, stone, plastic and substances in plastic state are classified into Class B27 and Class B28 of Section B, according to the International Patent Classification. These Classes mostly includes products and technical process as below:

- Shaping clay or other ceramic compositions, slag or mixtures containing cementitious material (e.g. Plaster);

- Preparing clay; producing mixtures containing clay or cementitious material (e.g. Plaster);

- Working stone or stone-like materials;

- Preparation or pretreatment of the material to be shaped; making granules or preforms; recovery of plastics or other constituents of waste material containing plastics;

- Shaping or joining of plastics; shaping of material in a plastic state, not otherwise provided for; after-treatment of the shaped products, e.g. repairing;

2. Why should you register the inventions of tools and methods in working cement, clay, stone, plastic and substances in plastic state in Vietnam?

In our modern life, cement, clay, stone or plastic are very common materials in the industries of construction and manufacture. In these industries, the competition is really intense and companies always have to find or create competitive advantages in order to survive and grow. One of the best ways is to create and apply new technologies, apparatuses, or new methods to improve the performance of the company. Besides, companies should register for the protection of their inventions in order to receive the following great benefits:

- Strengthen the competitive advantage and position of the company in the market. A patent establish the company to exclusively use and exploit the invention as well as prevent the inventions from being used by other companies, organizations or individuals without the permission of the patent owner. If the invention is new technologies, the products manufactured based on the invention will be unique and the company will dominate the whole market.

- The patent is a legal basis in order to identify the owner of the invention if there is any dispute related to the invention. If there is infringement, the competent state agency will base on the patent in order to have adequate administrative action to handle the infringements.

- After being granted the patent, company can announce the invention to the public and other companies, organizations or individuals may want to use the invention. In this case, company can receive more profit from licensing or transferring the patent for other companies, organizations or individuals in the market.

- Attract more customers to buy the products of the company. A patent will be considered as proof of high-quality product and an innovative company, thus making the company stand out from other companies in the market.

The registration of invention should be carried out as soon as the invention is finished in order to protect it from other competitors.

3. How to register the inventions of tools and methods in working cement, clay, stone, plastic and substances in plastic state in Vietnam?

According to the provision of intellectual property law, the dossier of invention registration for tools and methods in working cement, clay, stone, plastic and substances in a plastic state in Vietnam normally includes documents and papers as below:

- Invention registration Application form (02 copies according to the prescribed form);

- The invention description (02 copies);

- Protection request of invention/utility solution (02 copies);

- Receipts of state fees and charges (as prescribed);

- Letter of authorization (if applied through an industrial property representative);

4. Procedures of registration of inventions of tools and methods in working cement, clay, stone, plastic and substances in plastic state in Vietnam?

The applicant may submit the dossier directly or via postal service to one of the National Office of Intellectual Property’s application receiving places, specifically as follows:

- National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.

- Representative office of National Office of Intellectual Property in Ho Chi Minh City or Da Nang City.

In case of filing the application for registration of an invention/utility solution by post, the applicant needs to transfer money through the postal service, and then make a photocopy of the Money Transfer Receipt attached with the application to one of places mentioned above to prove the amount paid.

After submitting the dossier of invention registration, the invention registration application will be assessed by the competent state agency through the stages as below:

Stage 1: Appraise the form of the invention registration application

Stage 2: Publish the application information in the Industrial Property Official Gazette

Stage 3: Appraise the content of the invention registration application

Stage 4: Issue the patent for the invention and record the patent

5. Where to register the inventions of tools and methods in working cement, clay, stone, plastic and substances in plastic state in Vietnam?

According to the provisions of intellectual property law, foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam. Clients can contact and come to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, with the representative code is 226.

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.

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 tools and methods in working cement, clay, stone, plastic and substances in plastic state 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