1. Why should you register the inventions of tools and processes in baking, equipment for making or processing doughs, doughs for baking in Vietnam?

The industry of food and beverage in general and the industry of baking in particular, is more and more developing. There are thousands of companies as well as individuals established and operating in this industry. Along with the development, there are more inventions are invented for this area. The authors, owners of these inventions should pay adequate attention to the protection of inventions in order to secure competitive advantages in the market. By registering for a patent, companies or individuals that own the invention can get outstanding benefits as below:

- Secure the competitive advantage of the company in the market. Your company will have the exclusive rights to use the inventions and manufacture a variety of products based on the invention. Other companies, organizations and individuals are prohibited from using or copying the invention unless they have your consent.

- Be one of the legal basis for the competent state agencies in identifying the rightful owner of the invention in cases of disputes related to the invention. If there is any entity violate the exclusive rights of the invention owner, the patent will be the basis for the competent state agency to proceed with adequate administrative action to handle the infringements.

- A patent will be evidence of an innovative company and good products, thus creating a good impression on the customer. The customer normally intent to buy new products from innovative companies like that.

- A patent can be used as a property to be contributed to the capital of companies or even be used as collateral for bank loans. If other entities in the market want to use the invention, your company can even get more money by licensing or transferring the patent.

Clients of Minh Khue Law Firm always are encouraged to register their inventions as soon as possible in order to enjoy the above advantages as well as prevent potential risks.

2. What are inventions of tools and processes in baking, equipment for making or processing doughs, doughs for baking?

So after you understand the advantages of inventions registration, it is time for us to discuss the definition of inventions. According to the current Vietnamese intellectual property law, inventions are defined as technical solutions in the form of technical tools or processes that apply natural principles for the purpose of resolving particular issues in our life. Inventions can be protected in the form of Invention patents or Utility solution patents.

The conditions for an invention to be granted an Invention patent are:

- It is novel;

- It is creative;

- It is susceptible of industrial application.

In terms of Utility solution patent, it should satisfy the following requirements:

- It is not common knowledge;

- It is novel;

- It is susceptible of industrial application.

The inventions will be classified into different Classes according to the International Patent Classification in the process of registering for a patent. According to the current version of International Patent Classification, inventions of tools and processes in baking, equipment for making or processing doughs, doughs for baking are classified into Class A21 of Section A. This Class mainly includes tools or processes such as:

- Baker’s ovens, baking apparatus employing high-frequency or infra-red heating;

- Parts or accessories of ovens;

- Baking apparatus for special goods;

- Baking plants;

- Mixing or kneading machines for the preparation of dough;

- Machines or apparatus for shaping batches of dough before subdivision;

- Dough-dividing machines;

- Embossing machines; cutting apparatus; apparatus for slotting, slitting or perforating the surface of pieces of dough; extruding machines; apparatus with rollers and cutting discs or blades for shaping noodles;

- Apparatus for hanging or distributing strings of dough, such as noodles, spaghetti or macaroni, on bars; apparatus for spreading granular material on, or sweeping or coating the surfaces of, pieces or sheets of dough; apparatus for filling pieces of dough such as doughnuts; depositing, arranging and conveying apparatus for handling pieces

- Provers, i.e. apparatus permitting dough to rise;

- Treatment of flour or dough by adding materials thereto before or during baking;

- Preserving flour or dough before baking by storage in an inert atmosphere;

- Other treatment of flour or dough before baking, e.g. cooling, irradiating, heating;

- Methods for preparing or baking dough;

- Batters, dough or mixtures before baking;

- Finished or partly finished bakery products;

- Preserving finished bakery products; Improving;

- Refreshing bakery products;

3. How to register the inventions of tools and processes in baking, equipment for making or processing doughs, doughs for baking in Vietnam?

In order to be received and appraised by the authority, the application dossier of invention registration for tools and processes in baking, equipment for making or processing doughs, doughs for baking in Vietnam shall at least have the following documents and papers:

- 02 copies of Invention Registration Application form (according to the form prescribed by provisions of law);

- 02 copies of The description of the invention;

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

- Receipts of state fees and charges (if any);

- Authorization letter (if applied through an industrial property representative);

4. Procedures for registration of inventions of tools and processes in baking, equipment for making or processing doughs, doughs for baking in Vietnam?

The application dossier can be submitted directly at 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.

The applicant can also submit the dossier indirectly via post. In this case, the submitting fee shall be paid in advance and a photocopy of the Money Transfer Receipt should be attached with the application dossier mentioned above to prove the amount paid.

After receiving the application dossier of invention registration, the competent state agency sill proceeds with the following procedures:

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 processes in baking, equipment for making or processing doughs, doughs for baking in Vietnam?

Foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam according to the current provisions of intellectual property law. All clients who want to register an invention can contact and come directly 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 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

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 processes in baking, equipment for making or processing doughs, doughs for baking 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