1. What is an invention of tools and methods in working or preserving wood, nailing or stapling machines?

The Vietnamese Intellectual Property Law defines an invention is a technical solution that is presented in the form a product such as a tool, apparatus, or machines, part, mechanism, or a technical process with the purpose to solve a specific issue by applying natural rules. The invention can be protected in the form of grant of an Invention patent or Utility solution patent.

The invention must satisfy the following criteria in order to be protected:

- Novelty;

- Creativity;

- Being able to apply industrially.

According to the current provisions of law, the following objects shall not be ineligible for protection as inventions:

- Scientific discoveries or theories, mathematical methods.

- Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.

- Presentations of information.

- Solutions of aesthetic characteristics only.

- Plant varieties, animal breeds.

- Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.

- Human and animal disease prevention methods, diagnostic and treatment methods.

Inventions of tools and methods in working or preserving wood, nailing or stapling machines are classified into Class B27, Section B of the International Patent Classification. This Class mainly includes products and technical process as below:

- Saws for wood or similar material, components or accessories therefor;

- Planing, drilling, milling, turning or universal machines for wood or similar material;

- Working veneer or plywood;

- Dovetailed work, tenons, slotting machines for wood or similar material, nailing or stapling machines;

- Accessory machines or apparatus for working wood or similar materials, tools for working wood or similar material;

- Safety devices for wood working machines or tools;

- Bending wood or similar material, cooperage, making wheels from wood or similar material;

- Mechanical working of cane, cork, or similar materials;

- Removing barks or vestiges of branches, splitting wood, manufacture of veneer, wooden sticks, wood shavings, wood fibers or powder;

- Manufacture of specific wooden articles;

2. Why should you register the inventions of tools and methods in working or preserving wood, nailing or stapling machines in Vietnam?

Wooden products are very popular in Vietnam and there are many tools and method of working or preserving wood. However, the protection of invention of products and methods in this industry has not been paid adequate attentions by companies. Inventions can be copied or used easily by other companies, organizations or individuals without the consent of the owner of the inventions. By registering a patent for the inventions, the companies that own inventions can receive outstanding advantages as below:

- Allow the company to exclusively use the inventions in manufacturing unlimited products based on the inventions. If the invention is innovative and cannot be created easily, this advantage will establish the unique position of the company in the market. At the same time, a patent will prevent other entities from using or copying the invention.

- In case there is a dispute related to the invention, the patent will be a legal basis to identify the real owner of the invention. The patent is also a legal basis for the competent state agencies to handle infringement of other entities in terms of using the inventions.

- Increase the revenue for the company by attracting more customers and selling more products. An patent will be consider as a proof of high-quality product. Besides, company can impress the customers with the image of an innovative company.

- Bring extra profit for the owner from licensing or transferring the patent for other companies, organizations or individuals in the market.

3. How to register the inventions of tools and methods in working or preserving wood, nailing or stapling machines in Vietnam?

In order to register inventions of tools and methods in working or preserving wood, nailing or stapling machines in Vietnam, applicant should prepare a dossier with the following documents and papers:

- Application form for the invention (02 copies);

- Description of the invention (02 copies);

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

- Receipts of fees and charges.

- Power of attorney (if applied through an industrial property representative);

4. Procedures of registration of inventions of tools and methods in working or preserving wood, nailing or stapling machines in Vietnam?

After submitting the dossier of invention registration to the National Office of Intellectual Property, the application will be assessed by the competent state agency through the steps as below:

Step 1: Assess formal requirements of invention patent application

Step 2: Publish the invention application in the Industrial Property Official Gazette

Step 3: Assess the content of invention patent application

Step 4: Grant patent for the invention and recording the patent

5. Where to register the inventions of tools and methods in working or preserving wood, nailing or stapling machines 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 or preserving wood, nailing or stapling machines 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