What is a patent?

A patent is a type of legal property right.

Just as owning real estate property gives you the right to exclude others from trespassing on your land, a patent also gives you the right to exclude others from "trespassing" on your invention. In the US, patents may be granted for a limited time for new and useful processes, machines, products, and compositions of matter.

Patent Law Firm in Vietnam 

Just as land has definite boundaries specified by a survey, a patent has definite boundaries specified in its claims. If someone else makes, uses, or sells what is within the scope of the claims of a patent, then they are "trespassing" on the patent rights ("infringing" is the legal term used). And just as a real estate owner can lease out their land to renters, a patent owner can license the patent to others.

Just as an owner of real estate property must pay property tax to the government, an owner of a patent also must pay the government a property tax (called a maintenance fee, renewal or annuity).

This is a rough analogy, that breaks down if you push it too far. For example, whereas real estate property boundaries are usually non-overlapping, the boundaries of patent rights can intersect and overlap. Another difference is that patent rights expire after a limited time, usually 20 years from the time the patent application is filed. And, whereas real estate property is tied to pre-existing real land, patents are intellectual property that are virtual in the sense that the rights are tied to making, using, or selling anything within the general scope defined by the claims.

There is a lot more to say about what kinds of things can and can not be patented, the criteria that must be met for an invention to be considered patentable, the process of preparing a patent application, filing it, and getting it granted, and so on. But the above hopefully gives basic idea of what a patent is.

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.

Source: Quora

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How to Protect Invention Patent in Vietnam?

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.

Vietnam Patent 

However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:

Name of the invention: name of inventions and name of inventor should be brief without promotion.

Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.

Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.

Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.

The description of constitutive signs of invention: The description shall declare new signs of the invention.

Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.

With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers could support inventor in advising and drafting dossier to request patent protection in Vietnam.

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The Benefit from Protecting Invention Patent

Invention protection shall bring advantages for the owner of invention including the usage and application within the duration of 20 years. As Law on intellectual property of Vietnam, an invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

Vietnam patent

Besides, Invention patent can bring its owner the followings:

The steady position on the market: with the invention patent, the owner of the invention shall have rights to prevent others from using their invention with commercial purpose. This will reduce the competitive capacity of competitors and bring preferred position for the owner.

Right to sell and license the invention: in case owners of inventions cannot use their invention by themself, they can sell or license the use of their inventions to other people or companies. They can license only the right of use and sell all of their inventions. This does not only bring them a lot benefits but also avoid risks because of the competition on the market.

When your inventions have been commercialized and got the significant position on the market, other companies or people might tend to copy and use your invention illegally or sell other products which are similar to yours. If your inventions were not properly registered at competent authority, the competitors and violators can use your inventions without breaching of law.

Therefore, it is essential to register a new invention to protect the owner’s rights to avoid unfair competition on the market.

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Three tips for successfully obtaining a patent for your invention

Securing a patent is no simple task. Not only does the applicant have to have created something distinctly original, they must wade through complex decisions such as what type of patent to secure (design or utility), what to reasonably invest in attorney fees (patents can cost upwards of $10,000), and how to protect their idea during the ‘patent-pending’ phase. Further, from the initial prep work until the final verdict, the entire process can take years to complete.

But for entrepreneurs who have worked hard to design something new and different - and want to financially protect their creative efforts - the effort is worthwhile.

Here is three tips for successfully obtaining a patent for yourinvention:

1.Ask Questions During Research & Development

If a manufacturer tells you a design can’t be made - which will likely happen when creating something that hasn’t been made before - asking questions instead of getting frustrated or defeated is your best strategy.  Answers like “We can’t do it” or “We don’t have the right equipment” should not be conversation-enders. Instead, they can open up a dialogue about the specific obstacles the supplier is facing.

Maybe it’s simply a question of testing a new procedure and the factory doesn’t want to pay for it (but you are willing to!). Or maybe there is a design tweak that will make the product more production-friendly without compromising its look or performance. Whatever the issue, you can’t address it if you don’t know exactly what it is.

Answering questions is important too, as suppliers who are educated about why your product is valuable are arguably more likely to help you bring it to life.

2.Understand the Importance of Language

From the very beginning of the patent process, coming up with a persuasive way to describe what you have designed is key. First, your filing attorney must be exceedingly clear about what sets the product apart from others, otherwise, you run the risk of including incomplete or faulty information in your application. Giving him or her the best possible understanding you can is paramount to successfully positioning your request to the patent examiner.

A great attorney will advise you about which information to share, but preparing basic content in advance will help expedite the process. Prior to your first consultation, make sure you’ve written a detailed overview about why your idea is conceptually and functionally unique, with specific details about the the construction and design and and ways the product is measurably different than other items on the market. Reading legal websites and searching for people in your network who have gone through the patent process can also be beneficial prep tasks.

3.Work With People Who Are Experts At What They Do

This is a common lesson for new entrepreneurs. In an effort to get the best deal and make the most of their limited funds, they make decisions based on cost alone. To avoid this error, it’s important to remember two things. One, just because someone claims they can help with your project, does not mean they are the best person for the job. Being able to help and being a qualified expert in a given area are vastly different.  When hiring an attorney, look for someone with a deep knowledge of your product category and experience with similar types of inventions.

Secondly, while going with the most expensive option certainly doesn’t ensure success, investing in quality often means that you will have fewer hiccups while on your patent quest. Conversely, going with the cheapest attorney you can find may translate to wasted time and higher costs down the road, such as having to re-work expensive prototypes or re-start the patent application from scratch.

By applying these tips to your patent efforts, you increase your chances for a smoother application experience and ultimately a patent-protected product.

Source: www.forbes.com

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The Benefit from Protecting Invention Patent

 How to Protect Invention Patent in Vietnam?

Invention protection shall bring advantages for the owner of invention including the usage and application within the duration of 20 years. As Law on intellectual property of Vietnam, an invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

Vietnam patent 

Besides, Invention patent can bring its owner the followings:

The steady position on the market: with the invention patent, the owner of the invention shall have rights to prevent others from using their invention with commercial purpose. This will reduce the competitive capacity of competitors and bring preferred position for the owner.

Right to sell and license the invention: in case owners of inventions cannot use their invention by themself, they can sell or license the use of their inventions to other people or companies. They can license only the right of use and sell all of their inventions. This does not only bring them a lot benefits but also avoid risks because of the competition on the market.

When your inventions have been commercialized and got the significant position on the market, other companies or people might tend to copy and use your invention illegally or sell other products which are similar to yours. If your inventions were not properly registered at competent authority, the competitors and violators can use your inventions without breaching of law.

Therefore, it is essential to register a new invention to protect the owner’s rights to avoid unfair competition on the market.

Read More