Patent Attorney in Vietnam

At ANT Lawyers, we provide patent attorney in Vietnam with specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.

 

Patent attorney in Vietnam

The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.

It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.

If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:

-Failure in providing enough file for patent registration;

-Making inaccurate statement such as incorrect description;

-Wasting time because the documents is not valid;

-Loss of patent right because of other patents;

-Loss of capability on exploiting economic from patent right;

With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right. The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.

The patent attorney in Vietnam assist clients as following:

-Advise about the procedure for registration prior submitting application;

-Compile all forms related to patent registration procedure;

-Prepare for registration dossier and conduct the registration;

-Subscribe to the application already filed and report to clients on the status of the application;

-Inform, advise and handle mission or refusal of Patent Agency;

-Get Patent and hand over to clients after receiving patent from patent Agency;

-Consult clients about the use of the invention, rights and obligations related to invention after successful registration.

All things become easy, convenient and safe if you get the assistance from a patent attorney in Vietnam in patent registration.

 

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How to register patent in Vietnam?

Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Each invention is the result of a serious, painstaking work-study process by the inventor. However, right of industrial property shall only be established by the registration procedure, and the scope of protection is defined in the patent. Therefore, without prior registration at governmental competent authorities, right of industrial property could be violated.

 

Register invention in Vietnam

With highly professional staff and great experience in IP aspect, ANT Lawyers would like to support you in registering patent in Vietnam as follow:

Required information

Title of invention/ utility solution;

Name, address and nationality of the applicant (s);

Name, address and nationality of the investor (s);

Information of priority document: Nation, number of applications and dossiers for priority right;

International dossiers/ or publication (if any).

Document

For dossiers applied as national application

01 original Power of Attorney – POA (No need for notarization). The Copy of POA shall be accepted for filling but the original shall be submitted within 03 months since the date of filling.

02 copies of an invention description. An invention description must consist of the section of invention description and the invention protection coverage;

02 Drawings, photos or description (if any);

01 notarized copy of document to prove prior right (only for dossiers have prior right under the Paris Convention). The document shall be submitted within 03 months since the date of filling.

For dossiers applied as PCT application.

03 English declaration for registration originating in Vietnam

02 copies of an invention description (including images, if any);

02 written request of protection;

Related documents (if any);

Dossiers can be submitted at National Office of Intellectual property or International Office or sent via post office.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

 

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Condition, Procedures and Period of Patent Registration in Vietnam

Before applying the patent registration, applicant needs to find out the matters related to conditions, procedures and period from the time of submission the application until granting the protection title when registering a patent to avoid the cases that National Office of Intellectual Property in Vietnam (NOIP) may issue the notification on denying examination due to not meeting criterias or non-compatible dossiers.

Register invention in Vietnam

According to Law on Intellectual Property in Vietnam, a patent needs to satisfy 03 following criterias to be protected:

-An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

-An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

-An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

1.It is published by another person without permission from the person having the right to register it;

2.It is published in the form of a scientific presentation by the person having the right to register it;

3.It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it.

-An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art;

-An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

For registration procedures, after the application was filing, it will go through 02 phases of examination:

-The application will be examined formality from 1-3 months. If the application meets the formality criteria according to the law, NOIP will issue the decision on accepting the formality of the application. Then, it will be published on Industrial Property Official Gazette within 02 months from the date of issuing the above decision.

-Then, when having the request, the application will go through a substantial examination within 12-16 months. If meeting the protection criteria as mentioned above, NOIP will issue the Patent to applicant.

However, the actual examining period will be shorter or longer than as regulated.

In case of authorizing ANT Lawyers as IP agent in Vietnam, the client needs to provide the following documents:

-Name and address of the applicant;

-Name and address of inventor(s);

-POA to ANT Lawyers;

-Specification, Figures and Claims of the patent;

-Priority documents (if any);

-Other related documents.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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How can I register an idea?

You can’t protect an idea, however you can protect an invention. Of course, the idea is the first step in that creation process, but until you create something tangible, there is no protection for you there. Once your idea manifests into an actual invention, then you can work through the process of protecting it through a patent. Depending on your invention, you will likely be considering one of the following patents:

Register invention in Vietnam 

Utility Patent: This type of patent focuses on function. It is appropriate to file for this patent if you have created a brand new product that has never been invented before.

Design Patent: This type of patent is appropriate if you have a product that is already established on the market, but you have created a new look that is incredibly unique.

In some instances, your invention may be eligible for both types of patents. To best determine where you should go from here, you should consult a patent attorney.

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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Patenting An Idea: What You Need To Know

Patent protections exist in order to help inventors, designers and creators legally safeguard their work from those who would seek to use or profit off of it without express permission. The first thing that a patent applicant must do before formally filing for this type of protection is to determine what kind of application to file.

There are three types of patents available to individuals and businesses. First, those interested in protecting new and unique asexually reproducing plant species and hybrids may file for plant patents. Second, those wishing to safeguard designs of existing manufactured products and processes may consider filing for design patents. And finally, nine out of every ten patent applicants will opt to file for utility patent protections in order to ensure the proprietary nature of their manufactured products, processes and ideas.

Once the correct patent type has been identified, it is time to decide whether to file provisionally or non-provisionally.

Provisional Vs. Non-Provisional Patents

If you are planning to file for a design patent, you only have one type of application available to you. But if you are planning to file for a utility patent, you have two application options available. When the United States Patent and Trademark Office processes patent applications, it grants each request a filing date. This filing date is critical because it is the date that the USPTO will essentially start granting an affected product, process, design or idea protection in the event that a formal patent is eventually granted. This date therefore allows the patent holder a reference point upon which protections may be enforced in court.

The filing date is also critical because when prior art threatens to infringe upon the novelty of the product, idea, design or process in question, the USPTO evaluates the creation of that prior art against the filing date. Practically speaking, this means that the more quickly a patent applicant secures a filing date, the more secure that applicant may rest in the novelty of a creation and the potential for enforcement against any eventual attempts at infringement.

When an individual or business files a non-provisional application, the filing date is secured automatically because this application type formally requests patent protection. This is the only option available to applicants for design patents. Utility applicants may also file a provisional form up to 365 days before filing a nonprovisional request. A provisional application will allow an individual or business to secure a favorable nonprovisional filing date while granting the applicant extra time to formalize their formal, nonprovisional request.

The Patent Application Process

The nonprovisional patent application process is especially intricate and time-consuming. It is important to understand that any incorrect or incomplete elements of an application may lead to its rejection. Given how critical it is for an applicant to secure protections in accordance with an application’s initial filing date, it is best to avoid preventable rejection whenever possible. As a result, it is generally a good idea for both individuals and businesses seeking patent protection to work with legal counsel experienced in intellectual property matters as they prepare to file their applications.

When compiling necessary information for an application, write down every detail that could possibly impact the filing. Dates of improvements to the product, prototype drawings, research notes, etc., may all help to ensure that the USPTO ultimately determines that a product, process, idea or design is novel, non-obvious and (when required) useful. Aiding your attorney by providing all potentially relevant information will be very helpful to the process of compiling and filing your application.

It is worth noting that if for some reason your application is rejected twice, you may be able to appeal the USPTO’s original determination. Your attorney will be able to assist you with the appeals process. Similarly, if you feel the need to amend your application before it has been formally reviewed, your attorney will be able to assist you with the amendment process.

If filing a patent doesn't work out, other avenues to explore may be copyright, trademark and trade secret rights. I believe that creative work is uniquely valuable and should be protected under the law.

The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.

Source: Forbes.com

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What are the disadvantages of getting a patent, if any?

There are many advantages to patenting your inventions. You are granted a monopoly on your invention by the government in your jurisdiction for a known period of time.

You can license it to others and collect licensing fees and royalties.

You may also use it as a trading card with a competitor, e.g., licensing your patent to a competitor, and in return, obtaining licensing rights to a patent that is owned by the competitor. It is a very common practice used by large companies to avoid expensive infringement lawsuits.

Patent Law Firm in Vietnam

You can use it in a public relations campaign to position your company as an innovator.

However A patent is published for everybody to see and learn how you have implemented your invention. This is the only disadvantage that I see. Anybody can implement your invention, after its publication, without telling you about it. Proving infringement is a very expensive and time consuming process.

If you wish to keep your invention confidential for ever, don’t file a patent. Treat it as a trade secret by making sure to take adequate steps to always keep it confidential like Coca-Cola keeps it formula secret. The Secret Of Trade Secret Success

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How do I write a good provisional patent application?

A provisional patent - as you may already know - helps you buy some time (up to a year ) as you market and possibly develop your idea. This way, if the idea gains traction at some point during the year, you can convert this provisional patent to a fully-fledged utility patent. If not this, you can simply let it expire or lapse after testing the waters and realizing that it wasn't such a good idea to invest hundred of hours and thousands of dollars paying for a utility patent.

Nationalize PCT Patent Application in Vietnam

That being said, here is a quick primer on how to craft a provisional patent:

1. Research Thoroughly

Even before of thinking of filing for a provisional patent, you should first of all do a comprehensive patent search to know whether or not the idea you are interested in has already received another patent protection. Apart from that, conducting a separate search to ascertain that there haven't been any similar inventions that are patented is also a good way of avoiding a corporate lawsuit later. At the same time, you are also likely to come across suggestions of many available unpatented ideas that are in case yours is already taken. Either way, doing a thorough patent search is inevitable as long as you are considering to copyright your innovation.

2. Be Simple, Focused but Thorough

The provisional patent application ought to paint the picture of a unique innovation by listing the specific features/benefits that prove its novelty. In other words, a well-thought and thorough profile is likely to increase the chances of your application getting approved.

3. The Application Package

The full application package ought to tie in the following;

a. The specification of the innovation

b. A drawing of the innovation

c. The filing fee

d. The USPTO Cover

As far as the main body goes, it should consist of the Description of the Innovation, Tittle, Abstract, and the Claim.

Nowadays, you also have to include the drawings of the invention. These can be scanned into the main text area, sketched by hand or designed by CAD, manuals, design software or Powerpoint. Next up is the Claims that describe in detail what the patent seeks to protect. You don't have to include this, but it is recommended that you have them on your provisional patent application.

Lastly, you will have to paste an abstract that summarizes your invention. For this part, it is easier to re-state ( in a few words ) what you had described in the Claims.

The best way to draft a provisional patent application? Ideally, it’s with the assistance of a patentattorney. Patent lawyers do this stuff for a living and will maneuver the application process so that your utility patent application will be a seamless experience. Feel free to visit ANTLawyers.vn. Our legal marketplace is competitively priced, easy-to-use, and backed by a satisfaction guarantee. We offer free consultations to help make sure you’re hiring an attorney that will help you grow your vision. Good luck!

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Can an inventor and a company share patent rights?

Patent rights can certainly be shared between a company and an inventor. In fact, patent rights can be shared by any combination of people and/or entities you can imagine. I’ve attempted to answer.

Who initially owns patent rights?

Under United States patent law, the inventor (or inventors) of a patent own the patent rights unless and until they assign the patent to another person or entity. This means that in the absence of a transfer of rights, the inventor/inventors are the sole owner of the patent rights.

How are patent rights transferred?

Patent rights can only be transferred through a written document. In other words, an oral agreement will not transfer any rights. This requirement means that it is critical to create written agreements for all transfers of patent rights.

How can an inventor transfer some rights to a company?

A patent owner (including an inventor) can transfer some or all of the rights that come with a patent. A patent creates a number of rights, and you can transfer some or all of them via a license or assignment of rights. You also can create a contract that is separate from a patent transfer that entitles someone else to a portion of any revenue created through an invention.

Are there risks of joint ownership?

One issue to consider is that having multiple owners of a patent creates a number of potential risks. One of the rights that comes with a patent is the right to prevent other people from making, using, selling, offering to sell, or import the invention. If a patent is owned by multiple parties, ANY of the owners can provide a license to a third party that provides this right. In other words, a single owner could grant rights to a third party to make, use, sell, offer to sell, or import the invention.

Before you decide how patent rights will be owned and before agreeing to any transfers, you should consult with an intellectual property lawyer who can help you create an overall intellectual property plan. If you’re interested in learning how to create an intellectual property plan, you can contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Source: Quora

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From what age a minor can apply for patent under US law?

In the United States, each named inventor must execute an oath (declaration) as required by 37 Code Federal Regulations 1.63(a)(1):

(a) The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration directed to the application, ….

There is no minimum age for a person to sign the oath or declaration, so long as they are competent to understand what they are signing, including the claims (gasp!) and be able to appreciate the duty of disclosure to the U.S. Patent Office all information known to be material to patentability. See e.g., 37 CFR 1.63(c):

(c) A person may not execute an oath or declaration for an application unless that person has reviewed and understands the contents of the application, including the claims, and is aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56. There is no minimum age for a person to be qualified to execute an oath or declaration, but the person must be competent to execute, i.e., understand, the document that the person is executing.

I hope this addresses your question adequately.

Best wishes for success with your invention!

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our Patent Attorney inVietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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How do patents work for cosmetics?

How do patents work for cosmetics? What can be done if there is already a patent that exists for my idea?

This is an American perspective. Patents for cosmetics do not work very well.

A lot of the applications I see are mostly marketing proposals “we are using all natural organic ingredients…” to do what one would expect these ingredients to do. Well, that’s not patentable subject matter under section 101 of the Patent Act because it is directed to a natural compound that does not perform a surprising result.

It’s easy enough to get around this. You can add a single non-naturally occurring preservative, but then you are not selling something, “using all natural organic ingredients…” and that messes with your marketing.

The next problem is that you need to have at least one ingredient that has never been used in cosmetics before. This is really hard to do because old patent applications in this field list thousands of ingredients that can be combined in all quantities from 0.1 to 99%. Those applications render almost any combination of “all natural organic ingredients” either anticipated or obvious.

Now, if you do have a new non-naturally occuring active ingredient, then, of course, the patent system, in conjunction with the exclusivity provided in some instances with the FDA works really well. So well, that other countries have started modeling the American system. 

You may want to have a patent attorney take a look at the other patents that exist in your space. It is possible that you may be able to capture some value from those patent owners.

How ANT Lawyers Could Help Your Business?

To learn more about ANT Lawyers IP Practice or contact our Patent Attorneys inVietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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