Minh Khue Law Firm with a large number of intellectual property lawyers, experts and consultants, especially many lawyers and experts with high expertise in registering invention protection in Vietnam. We always bring to clients the registration service for invention protection with the motto: Fast - Effective - At the most reasonable cost.
In the process of implementing the invention protection service, Minh Khue Law Firm has counseled as well as implemented the invention protection service for thousands of clients who successfully registered for invention protection. We will advise on legal issues related to invention registration and services related to invention registration provided by Minh Khue Law Firm for clients to refer, as well as use the service when there is a need through this article below.
1. Lawyer counsels on provisions of the law on invention registration
1.1. What is the invention?
According to the provisions of the current Intellectual Property Law, the invention is construed as a technical solution in the form of human-created products / processes to solve a definite problem by applying natural laws.
Accordingly, the invention may be expressed in one of the following forms: product form (structure or substance or material) or process form (technical method). In order for a product or a process is protected, it has to meet the basic conditions allowed by the law as well as to comply with the protection registration process, the invention will be properly protected.
1.2. Why must register the invention?
In fact today, many individuals still ask questions: What is an invention? Why must register the invention? What is the benefit of registering invention protection? Partly because they do not know the provisions of the law, the rest of them know about the issue of invention protection, but because it is costly, time-consuming and not currently affected or there is no dispute, they do not want to register for invention protection. With many years of experience in the field of Intellectual Property, we recommend that you apply for invention protection for the following reasons:
- Ensuring the invention created by yourself, not being violated by other individuals, agencies or organizations;
- Being protected by state agencies, from which there is a basis to prevent acts of copying and using the invention without the consent of the inventor;
- To request competent state agencies to apply measures to sanction administrative violations or examine penal liability for acts of infringing upon protected invention rights;
- Invention protection certificate is one of the objective basis to protect the rights and legitimate interests of the inventor when there is a dispute arises;
- The owner of the invention will be entitled to use a patent for the invention during the period the invention is protected, the expiry of the protection period is 20 years or the invention may be transferred to collect the transfer fee, the transfer fee is agreed by the parties.
Thus, the registration of invention protection is absolutely necessary and plays an important role for the owner as well as the creator of the invention.
1.3. Conditions for registration of patent protection
Pursuant to the current provisions of Intellectual Property Law and guiding documents, in order to be able to register for invention protection, the invention must satisfy the following conditions:
Condition 1: There is novelty.
Condition 2: Have a creative level.
Condition 3: It is susceptible of industrial application.
And the most important condition for the invention to be protected is that the patent owner needs to prepare a dossier, carry out procedures to be granted a patent for the invention. Only when an Invention Protection Certificate is granted, the protection of the new invention will be maximized.
In addition, if the invention owner wants to register for protection in the form of being granted a utility solution patent for an invention, if the following two conditions are met: First, there is novelty; Secondly, capable of industrial application.
1.4. Application file for invention protection
Dossiers of registration for patent protection include the following documents and documents:
- Declaration for registration of invention protection according to the general application form nationwide;
- Description of the invention;
- Invention summary;
- Fee receipt submitted to state agencies for registration of invention protection (receipts and payments);
- Authorization contract or Power of Attorney or Referral Letter (if any).
1.5. Registration procedures for invention protection
Basically, the process of registering patent protection will be done through the following basic steps:
Step 1: Prepare papers and documents to complete invention registration documents
Step 2: File the application for invention registration at the competent state agency and follow up the invention registration file
Step 3: The competent state authorities receive patent registration dossiers
Step 4: The competent authority conducts the examination of the form and appraisal of the invention application
Step 5: Receive invention protection title
1.6. The competent agency register patent protection
In Vietnam today, there is only one competent agency to grant the Invention Protection Certificate which is the National Office of Intellectual Property at address 384-386, Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City.
In addition, the National Office of Intellectual Property also has two representative offices in Ho Chi Minh City and Da Nang City that are responsible for receiving invention registration documents in the central region, the highlands and the south region and transferring dossiers to the National Office of Intellectual Property in Hanoi to resolve.
1.7. Processing time of registration for invention protection
- Time to evaluate the form of invention protection application: 01 month from the filing date.
- Time for content examination of invention protection application: within 18 months.
- Time for re-appraisal of an application for invention protection: 12 months, in complicated cases, the state authority may extend it but not exceed 18 months.
Thus, the total period of registration for invention protection from the filing date to the granting of a Protection Title is about 18 months.
2. Service of registering invention protection of Minh Khue Law Firm
Minh Khue Law Firm provides the service of registering patent protection for customers through consulting, answering and performing the following tasks:
- Counsel all legal issues related to invention registration;
- Advising on the provisions of the law on invention protection in Vietnam;
- Advise and guide clients on how to search the invention to provide the best plan as a basis for invention protection;
- Advise and guide clients to prepare and complete documents and papers for invention protection registration, especially registration for invention protection, invention description and summary the invention;
- Prepare documents to register for invention protection for clients;
- A representative of the customer submits the application for invention registration at a competent state agency;
- Monitor the progress of invention registration documents, amend and supplement documents at the request of experts;
- Guiding, advising or drafting proposals and complaints about violations committed by competent state agencies (if any);
- On behalf of clients receive inventio protection title, notice and hand over the protection title for clients.
3. Benefits when registering patent protection of Minh Khue Law
With the growing demand for invention protection and trademark protection, there are many organizations providing invention protection services in Vietnam. So why should you choose to register for invention protection in Vietnam by Minh Khue Law Firm? Because when using our invention registration service, you will receive the following benefits:
- The team of lawyers, experts with high expertise, dedicated and enthusiastic service attitude. The process of registration of invention protection is relatively complicated, if there is no accurate and detailed advice and guidance, the time for registering the protection of the customer will be more than 18 months compared to the law, even 3 years to 4 years or longer.
- Quality of Intellectual Property service of Minh Khue law firm is always ensured, leading prestige, this is reflected through the trust and cooperation of all clients in the whole country.
- We offer an invention protection registration service - perform all procedures for you. Track the registration progress of the client's file from the time of filing the application for protection to the issuance of the Protection Title at the most reasonable cost.
Customers can refer to the videos of key television programs on Intellectual Property in Vietnam by lawyers of Minh Khue Law Firm:
Lawyer: Le Minh Truong - Guidance on trademark registration procedures and fees
Lawyer Le Minh Truong participated in the 60-minute program opened on VTV6 - Consultation on intellectual property law
Lawyer: Le Minh Truong - Guidance on benefits when registering for trademark protection
Lawyer Le Minh Truong commented on the draft copyright on the collection fee for use rights
Lawyer: To Thi Phuong Dzung participated in answering the 24h Program about handling copyright infringement on the Internet
You can choose one of the following ways to contact the Intellectual Property department corresponding to your needs:
- If you only need advice and instruction procedures, please call the free online legal advice center 1900.6162
>> Listen to the greeting, listen to the instructions >> Press 9 to be connected to a team of lawyers, consultants in the field of Intellectual Property to be answered quickly and effectively - most effectively.
- If you need advice and would like a detailed quote in writing to report to the higher level, you can send your request via email to Intellectual Property service: [email protected]
for a detailed quote.
- If you need to use the service immediately with us, you can go directly to Minh Khue Law Firm's head office at: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi. to meet a lawyer directly to support you, and sign a contract to protect patent if required.
- In case, you want to use the service but far away, you can not go directly to our company, you can call number 1900.6162
(Meet Lawyer: To Thi Phuong Dzung) for advice Accurate and best service quote for you.
Intellectual Property Department - Minh Khue Law Company