Notification On Application Time Limits for Applicants Affected by Covid-19

Due to social distancing requirements of government to curb the spread of Covid-19, Vietnam government agencies including National Office of Intellectual Properties (NOIP) issues notification to provide instructions to related parties to ensure smooth business operation for not only government officers but also applications and Intellectual Property attorney representing clients in registration, and other IP related works at the NOIP.

IP services in Vietnam

In order to minimize the disadvantages caused by Covid-19 to applicants/industrial property right owners relating to procedures for registration of industrial property rights with NOIP, on March 13, 2020, NOIP has issued the Notification No. 5277/TB-SHTT on application of legal provisions relating to time limits for applicants affected by Covid-19 and transactions between applicants and the NOIP. The specific content is as following:

1. Extension of time limits for applicants affected by Covid-19 in carrying out procedures

All procedures for registration of industrial property rights which are due in the period from 30 March 2020 to 30 April 2020, namely requests for claiming priority rights, provision of supplement documents, responses to decisions/notifications of NOIP, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, lodgement of appeals/oppositions, shall be automatically extended to 30 May 2020.

In other cases, applicants who are still suffering from impacts of Covid-19 in perusing their applications for establishment of the industrial property rights with IP Vietnam, can request for the application of regulations on objective obstacles, force majeure provided for in Points 9.4, 9.5 of Circular No.01/2007/TT-BKHCN amended by Circular No.16/2016/TT-BKHCN.

2. Filing PPH requests PPH agreement between NOIP and the Japan Patent Office

The receiving date of PPH requests will be re-scheduled from May 4^th 2020 instead of April 1^st 2020 as announced earlier by NOIP.

3. Transactions between NOIP and applicants

From April 1^st 2020, all transactions between NOIP (including Headquarters in Hanoi, Representative Offices in Da Nang City and Ho Chi Minh City) and applicants will only be conducted via the postal service or through online filing system until further notice. The payment of fees and charges by applicants is made via the postal service or by bank transfer to IP Viet Nam’s bank account at the State Treasury (pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.

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 do I write a good provisional patent application?

Filing a provisional patent application is certainly easier, cheaper and faster than filing a utility patent application. It’s a route that allows you to to buy some time (a year), to develop and market your idea. 

Patent Attorney in Vietnam

If it gains traction during the year, then you can convert it into a utility patent; if not, then you can simply let it lapse knowing that you made the right decision to not invest the thousands of extra dollars and years it would’ve taken to obtain a utility patent.

1.Search Before You Write

The first step you need to take is to do a patent search. This will tell you whether your idea has already received patent protection. Start here with Google Patent search. You’ll also want to search the USPTO database. Conclude your search with a simple worldwide search here.

Conducting a general search (e.g., text search using Google) for inventions similar to your own that haven’t been patented is also a good exercise. This will reveal whether others have already productized your idea, and if so, how your idea is different - and hopefully superior. You’ll often find that there are many expressions of unpatented ideas floating around the marketplace. This is a rich source of information for you if you’re considering patenting your innovation.

You’ll likely find inventions that are similar to your own, but not necessarily the same. Your job is to look for the differences and what makes your invention unique. Those distinctions are going to fortify your application, so make sure you’re able to describe those differences thoroughly, specifically and clearly.

2.Write Simply, But Thoroughly

You should start by first writing a list of unique benefits and features that distinguish the novelty of your idea. I’d suggest taking your time in developing a very thorough, well thought out profile - a week or so is about right, with some attention devoted to developing your list each day. This will help you immensely when you start to complete the actual application.

3.The Application

You application will consist of: (1) a specification, (2) a drawing, (3) the USPTO Cover Sheet, and (4) the filing fee.

Your specification will include these sections: Title, Description of the Invention, Claims and Abstract.

You will also need to include drawings. These can be sketched by hand and scanned into your specification doc, or you can do them with design software, CAD, PowerPoint, manuals or something similar - whichever is easier for you.

The key thing to focus on with your drawings is to make sure you clearly, comprehensively and capably show enough detail of your innovations to convince the USPTO examiner that your idea should be granted patent protection.

Next, you should specify your claims. Please note that you are not required to include your claims in a provisional application, so you can skip this part if you want to; however, it’s highly recommended that you do so. They describe what it is precisely that your patent protects.

Keep it simple, but focused. Select the top features that distinguish your invention and provide a brief, but detailed description about each characteristic. You’re not writing a final set of claims (which will come later if you convert to a utility patent); you just need to make sure you’re not limited in the future. Therefore, your claim should follow this type of format: “A [machine, device, method - whatever it is you’re protecting] that consists of [insert the two or three distinguishing features here].”

You’ll need to write an abstract, which simply means a very brief summary of your invention. For this part, you can simply re-state what you described in your claims.

You will also need to complete a “Provisional Application for Patent Cover Sheet,” which you can download here.

Finally, you’ll need to pay your fees. You can file electronically or non-electronically (snail mail). The non-electronic filing is $200-$400 (depending on your company’s size), and are in addition to the filing, search and examination fees.

The application fees (separate from the above filing fee) ranges from $65 for a micro entity up to $260 for a large entity. You can see all USPTO fees here.

Final Things You Need to Know

Your provisional patent will automatically lapse exactly one year from your filing date. If you want to convert your provisional patent to a utility patent, you must do so before the one year anniversary date of your filing. So, for example, if you filed your application on June 1, 2018 your must file your utility patent application no later than the close of business on June, 2019.

Once you have filed, you’re entitled to use “patent pending.”

You are not permitted to claim priority from another application.

The provisional application must be made in the name/s of all inventor/s.

If you convert your provisional to a utility application before the end of one year, you can claim priority to your previous provisional application/s.

Source: Quora

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How do you make intellectual property tangible?

Picture your mind as a gold mine site, where you can explore for the precious metal. You dig deep through muds, water, rocks, and landfill.

 Protecting Intellectual Property Rights in Vietnam

Naturally, before going to dig for gold, you know what it looks like therefore you know what you are looking for (trying to manage and commercialise acquired IP or not understanding the nature of your business original Intellectual Property could be a waste of effort). In reality, people are not always aware of the unique identity of gold, diamond or any precious metal for that matter, with this fact, it is safe to assume most businesses are not aware of the raw form of their intellectual property asset and how to make it tangible.

One can easily step on a rough looking gold and mistake it for an ordinary rock likewise you may have a eureka moment that could lead you to ownership of a precious IP asset but easily disregarded or discouraged by reducing it to a regular thought.

The good thing about Intellectual Property is that the raw material (ideas) is abundant, unlike gold. Therefore, every individual has an unlimited gold mine.

Intellectual property essentially is the mining of the mind. A person will mine their mind or soul as the case may be - for a creative solution. Now at this point, the result of the "eureka moment" is not yet a full-blown Intellectual Property but already can be classed as an intellectual asset because once you expose an idea to the market, it becomes a commodity of some sort. However, there are so many variables in the market that are going to influence how tangible your Intellectual Property will be.

Source: Quora

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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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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Can you trademark your business without a lawyer?

You don’t need a lawyer to trademark your business, but you must become competent to do the following:

Trademark in Vietnam 

-Complete a due diligence search to make sure that you (and only you) have the right to use the trademark or service mark;

-Determine if you should file a registration for the mark as a federal mark before the USPTO or a state mark with your secretary of state;

-Determine the international class or classes that you should include in your application for registration;

-Describe the goods and services that you are providing according to the international class or classes; and

-Complete the paperwork or electronic filing for the application for registration with the appropriate agency.

If you are or can become competent to do each of these, then you don’t need a lawyer to trademark your business and/or the offerings provided by your business.

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.

We assist our clients in all steps of the prosecution phase of IP management. 

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Nine Ways to Protect Your Intellectual Property

When it comes to innovative software development, your intellectual property is your most valuable asset. Unfortunately, options for protecting this asset from imitators are limited.

To protect yourself you can apply for a software patent, but it's an expensive, time-consuming process with no guarantee. The alternative is to find a work around, something that keeps your IP secure without having to go through the U.S. patent office.

Below, nine technology executives from Forbes Technology Council offer their best tips for protecting your intellectual property without getting a software patent.

1. Keep It Close 

Be very careful about any outsourcing partner you work with, either domestically or overseas. Make sure they have adequate security in place to protect your IP when they work on it. As well, be careful how your IP is accessed by remote teams. Private repositories on sites like GitHub might be very convenient, but you are handing over security to a third party. - James Dixon, Pentaho, a Hitachi Group Company 

2. Cover Your Legal Bases And Encrypt Your IP 

When we work with a developer (local or overseas) we make to sure to have strong legal agreements in place that are enforceable in the developer’s local court system as well.  We also employ strong encryption internally for sensitive IP, and we make sure our partners employ the proper levels of encryption. It seems like a lot of overhead, but it is far cheaper than dealing with a breach of trust later. -Tim Maliyil, AlertBoot 

3. Document Everything 

Beside as patent, keeping a running log or journal of what has been done and when can help you defend your property if it is stolen. This journal should start with the inception of the idea, include every meeting you have, who was invited, and who attended. Using a product with a reliable date and time stamp and having a paper copy of the important moments helps prove ownership of your idea. -John Zahorsky, Eden Autism 

4. Talk To An Expert 

There are numerous ways to protect your IP, such as patents, trademarks, design rights and trade secrets. It's about accepting that you need expert guidance early and preparation. What do you need to protect and how? Where, when and what is the timeline for applying in different regions? What do you need to budget for? Talk to the experts so you can understand, prepare and budget. -David Rajan, GlobalLogic – Method 

5. Idea Plus Execution Plus Cash Equals Success 

Great ideas are a dime a dozen -- at least 10 people are working on your great idea right now! The winner will execute well, getting the idea to market fast along with the operating model needed to provide great customer service. And if you've ever tried to start a business, you know your time frame to profit is 3x your original plan. Cash is your life blood extending your timeline to success. - Mike Brannan, Centric Consulting, LLC 

6. Offer The Best Experience In Order To Protect And Profit From Your IP 

Besides applying for a patent, I am not sure there is any other good option. Reverse engineering is becoming commonplace, trade secrets are becoming more difficult to protect, and patent trolls are appearing everywhere. I think offering the best experience to your user with your technology is -- or should be -- the only way to properly profit from it. - Chris Kirby, Voices.com 

7. Move Fast 

Depending on your idea, IP protection might be a necessary evil. Necessary because it can provide some protection from others attempting to copy you. At the same time, IP tends to be limited in its application (protects your idea but not variants) and can be expensive to defend. Instead, I always advise that IP is less important than speed to commercialization. Move faster than the competition. - Scott Stiner, UM Technologies, LLC 

8. Be Fast And Agile 

Organize your technology department to be flexible and agile -- staying fast and creative will keep you innovating ahead of larger, slower competitors. - Erik Gustavson, Bitium 

9. Use Good Security Measures 

At a minimum, all source code should be clearly labeled with a confidentiality notice, warning that unauthorized use or reproduction is prohibited and should be kept on secure systems within your facility. Only allow authorized personnel to access it. When software is deployed into the field, consider using third-party digital encryption solutions to wrap your software in a security envelope. -Nathan Hayes, Modal Technology Corporation 

Source: Forbes

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When does a business owner not need to worry about registering its intellectual property?

There are not many instances where I would suggest a business owner not worry about protecting their intellectual property. If a product is not a new, innovative product, there is no need to worry about a patent, but trademarking the brand may still be critical to compete and stand out.

If a business owner has a local shop with no plans for interstate expansion, and they do not care if someone in another state has a company with the same name, they may be satisfied with their state’s trademark registry, rather than the federal registry. However, an interstate competitor may have other ideas about expansion and enforcement of its own rights. In those cases, it matters who used the name in commerce first, but it also matters who registered the name first. The outcome can result in a geographic split, but these outcomes are usually the result of expensive litigation that could have prevented with earlier planning.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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What are some of the common reasons why business owners don't move forward to protect their intellectual property?

If you've ever developed a new product or formulated a new business idea, you've most likely grappled with the question of whether you should to protect it legally in some way.  It can be a confusing issue, for sure, and many of the small business owners and entrepreneurs I meet don't seem to have a solid grasp of how, why and when to protect their products, or if it's even necessary.

There are a many reasons people hesitate to make intellectual property protection a priority when they are just starting a new business. They include:

1. It is another startup cost, one which is sometimes viewed as “non-essential,” simply because it is not legally required to operate the business.

2. They are unsure whether the business or product will “take off,” so they think they might not even need it.

3. They don’t anticipate anyone attempting to copy them.

4. They do not know what types of protections may be available for their products or brands.

5. They seek to keep costs down by utilizing free or inexpensive online resources.

Protecting intellectual property rights in Vietnam correctly is not simple, and many times the examining attorneys at the government agencies have questions or raise unexpected issues on the applications. That is why professional help is so important. It can be costly or limiting in the long run to skip these steps.

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What are Remedies of Intellectual Property Infringement in Vietnam?

Any organization or individual who commits an act of infringement of the intellectual property rights of another organization or individual shall, depending upon the nature and seriousness of such infringement, be dealt with by the application of civil, administrative or criminal remedies.

Intellectual Properties Rights in Vietnam

In necessary cases, the competent State body may apply provisional urgent measures, measures to control intellectual property related imports and exports, preventive measures and measures to secure enforcement of an administrative penalty in accordance with the provisions of this Law and other relevant laws.

Our Intellectual Property lawyers in Vietnam always follow changes in IP Law to provide clients with update.

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What are the pros and cons of intellectual property?

Intellectual Property Rights Pros and Cons

Your company’s name, logo and even your products belong, well, to your company. In a perfect world, that’s how things would remain. These are all forms of intellectual property – you own the rights to that property (intellectual property rights). However, this is far from a perfect world. A quick look at the number of lawsuits revolving around IPR should highlight just how easily one company can infringe on another’s rights, even unintentionally. It also seems to make sense that if you have rights to intellectual property, you should fight for those rights. Is that always the case? Actually, there are quite a few pros and cons here.

Filing Lawsuit to protect intellectualproperty rights in Vietnam

Intellectual Property Rights Pros

There are quite a few pros to protecting your rights in terms of intellectual property. For instance, patents, trademarks and copyrights all give your business important advantages and incentives. Trademarks allow you to build your brand and create a stronger company. That applies to every other company out there, as well. Copyright ensures that a creator continues to own his or her artistic creation (books, artwork, graphic design work, etc.). Patents foster invention and innovation, as well as encouraging inventors to fully explain what’s being invented and how it works.

Intellectual Property Rights Cons

While there are plenty of pros in favor of protecting your rights, there are a few drawbacks here as well. For instance, copyright can be given to works that truly don’t deserve protection under the law, and patents can be given to frivolous things (Amazon’s patenting of “pictures on a white background” is a perfect example of patent frivolity). Other cons involve costs – protecting your rights can be very expensive. Intellectual property rights lawyers (IPR lawyers), court costs, settlement fees, filing fees and numerous other costs can mount very quickly, making protection of intellectual property rights expensive for even very large companies.

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How important is intellectual property protection for a startup?

If you could obtain a patent, that would be a great place to start and you should definitely pursue that. A patent would basically grant you a monopoly on the technology and let you exclude others from using it, or at least they would have to pay you for such use. But, assuming there is no patentable technology like you said, any other intellectual property right  (IP) may or may not be worth it. It really would depend on your business model and plan.

Trademark protection in Vietnam

A trademark on the name of your company is an example of an IP right that could be valuable in building your brand. The trademark would ensure that no one else could use your name and free ride off of any goodwill that you may have worked to build among consumers and customers in the marketplace. On the other hand, that may not be super important to you at the early stages of your startup and you may want to wait until later to get such protection.

IP rights definitely have value because they allow you to differentiate yourself from competitors. However, there will also be a cost of protection. You need to determine whether such value is worth the cost of protection. Sounds easy enough, but if you do decide to pursue IP rights, you should consult with an IP attorney who can help you through the process.

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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