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Patent abstract

Patent abstract

A patent abstract is a type of patent document used to summarize the essence of the invention. So what is a patent abstract? How to write a complete patent abstract?

What is a patent abstract?

A patent abstract is an important document that accompanies the patent application, along with the images and description of the invention. It is a document that is almost mandatory to provide information about the subject matter of the registered industrial property – the patent. The patent abstract is concise content that represents the most essential information about the nature of the invention.

The patent abstract serves as an “introduction” to help readers decide whether to continue reading the specific information about the invention presented in the Patent Description or not.

Instructions for drafting the patent abstract:

  1. Inventive concept/useful solution: The title of the invention should be concise, clear, and represent a brief form of the object, function, or technical field and the essence of the object, and must be appropriate to the nature of the invention/useful solution.
  2. Mentioned technical field: It must indicate the technical field to which the invention is used or related to.
  3. Technical status of the invention: It should mention information about known technical solutions as of the priority date of the Similar Application (with the same purpose or solving the same technical problem) with the invention stated in the Application. Based on those known solutions, it is necessary to indicate the solution that is most similar technically to the invention stated in the Application, describe the essence of this solution in a summary, and mention the limitations or deficiencies of that solution in solving the technical problem or achieving the purpose stated in the Application.
  4. Description of the technical nature of the invention: The description starts with a paragraph explaining the purpose that the invention needs to achieve or the technical problem that the invention needs to solve to overcome the limitations or deficiencies of the most similar technical solution mentioned in the “Technical status of the invention” section. Next is to describe the constituent features of the invention. Particularly, it is required to present new features of the invention compared to the most similar technical solution mentioned in the “Technical status of the invention” section.
  5. Brief description of the drawings: If there are drawings in the Patent Description to clarify the nature of the invention, it is necessary to have a list of drawings and provide a brief explanation of each drawing.

Protection requirements: The function of the protection requirements is to determine the scope (volume) of protection for the invention. The protection requirements must:

  • Be consistent with the Patent Description and the Drawings;
  • Contain the basic features of the invention that are sufficient to achieve the purpose or solve the task;
  • Not include instructions related to the Patent Description and the Drawings;
  • Not include drawings;
  • Each independent point of the protection requirements should refer to one protected object

Above is the article:”Patent abstract” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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In what cases is it mandatory to transfer the rights to use an invention?

In what cases is it mandatory to transfer the rights to use an invention?

The law stipulates that individuals and organizations are allowed to conduct research and develop a product that can be applied in practical life and provide utility and accuracy. This is considered a new invention and can be registered with the competent authority to receive intellectual property protection from the state. So, what are the cases that require the transfer of rights to inventions?

In what cases is it mandatory to transfer the rights to use an invention?

According to the Intellectual Property Law in Viet Nam, there is a principle regarding inventions in Article 7, Clause 3, which states:

“In order to ensure the objectives of national defense, security, public interest, and other benefits of the State, the society regulations in the law, the State has the right to prohibit or restrict the subject of intellectual property rights (IPR) from exercising their rights or force the subject of IPR to allow organizations or individuals to use one or more of their rights under appropriate conditions; limitations on rights for inventions under state secrets shall be implemented in accordance with government regulations.”

In the following cases, the right to use inventions is transferred to other organizations and individuals according to the decision of the competent state agency, as stipulated in Article 147, Clause 1 of the Intellectual Property Law, without the consent of the exclusive right holder:

  • Using the invention for public, non-commercial purposes, serving national defense and security, disease prevention and treatment, nutrition for the people, or meeting urgent social needs.
  • The exclusive right holder does not fulfill the obligation to use the invention as stipulated in Article 136, Clause 1 and Article 142, Clause 5 of the Intellectual Property Law, after four years from the date of filing the patent application and three years from the date of granting the exclusive patent right.
  • The party in need of using the invention fails to reach an agreement with the exclusive right holder for the conclusion of an invention use contract, even though they have made reasonable efforts to negotiate a fair price and commercial terms.
  • The exclusive right holder is considered to engage in anti-competitive behavior prohibited by competition laws.
  • The exclusive right holder has the right to request termination of the right to use if the conditions for the transfer specified in Article 145, Clause 1 no longer exist and there is no possibility of recurrence, provided that the termination does not cause harm to the party to whom the right to use the patent is transferred.

What is the authority for compulsory transfer of the right to use inventions? According to Article 147 of the Intellectual Property Law 2005, which stipulates the jurisdiction and procedures for compulsory transfer of the right to use inventions:

  • The Ministry of Science and Technology issues a decision to transfer the right to use patents based on the consideration of requests for transfer of rights in cases specified in points b, c, and d of Clause 1, Article 145 of this Law.
  • Ministries or equivalent state agencies issue decisions to transfer the right to use patents in their respective state management areas when cases specified in point a, Clause 1, Article 145 of this Law occur, based on the opinions of the Ministry of Science and Technology.
  • The decision to transfer the right to use patents must determine the scope and conditions of use in accordance with the provisions of Article 146 of this Law.
  • The competent state agency deciding to transfer the right to use patents must notify the exclusive right holder of that decision.
  • The decision to transfer the right to use patents or refuse the transfer can be appealed or brought to court according to the provisions of the law.
  • The government will specify the specific procedures for transferring the right to use patents as stipulated in this Article.

Above is the article:”In what cases is it mandatory to transfer the rights to use an invention?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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ransfer of author's rights (already granted copyright) from Vietnam to foreign countries requires what

Transfer of author’s rights (already granted copyright) from Vietnam to foreign countries requires what?

The author’s rights arise automatically, regardless of any form or procedure. Registering author’s rights is not a basis for establishing author’s rights but is only a procedure for the authorized state agency to record all information about the author and the work. So in the case Transfer of author’s rights (already granted copyright) from Vietnam to foreign countries requires what The following article will answer.

Transfer of author’s rights (already granted copyright) from Vietnam to foreign countries required?

Sequence and procedure for transferring author’s rights

Step 1: Prepare a contract for the transfer of author’s rights

To transfer author’s rights, the parties need to make a contract for the transfer of author’s rights according to the provisions in Article 46 of the Intellectual Property Law 2019, which includes the following main contents: Full name and address of the parties: the transferring party and the receiving party; Basis and scope of transfer; Price, payment method; Rights and obligations of the parties; Responsibility for contract violations.

Step 2: Prepare the application file for issuing and changing the Certificate of Registration of author’s rights and related rights.

The application file for issuing and changing the Certificate of Registration of author’s rights and related rights includes: Copyright and related rights registration form; 02 copies of the work/depiction; Documents proving the right to submit the file (Contract for the transfer of author’s rights and related rights); Business registration certificate if the owner is a legal entity; or ID card if the owner is an individual of the receiving party and the transferring party; Consent document from joint owners (in case the author’s rights and related rights belong to joint ownership); Power of attorney (if the party is authorized to transfer the file to someone else).

Step 3: Submit the file

The applicant submits the file directly or by post to one of the following addresses: Hanoi City: Copyright Registration Department under the Copyright Office at No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, Hanoi City.

Ho Chi Minh City: Representative Office of the Copyright Office at No. 170 Nguyen Dinh Chieu, Ward 6, District 3, Ho Chi Minh City.

Danang City: Representative Office of the Copyright Office at No. 01 An Nhon 7 Street, An Hai Bac Ward, Son Tra District, Danang City.

Step 4: Receipt and processing of the file

Upon receiving the file, within 15 working days from the date of receiving the registration file, the Copyright Office will process the application: If your application meets all the transfer conditions, the Copyright Office will issue a notice of acceptance of the valid contract and request you to pay the registration fees as prescribed. In case your file is invalid, the Copyright Office will issue a rejection notice and specify the reasons in writing and provide instructions for the applicant to amend, supplement, or respond to this decision.

Step 5: Return results

When there is confirmation of a valid file and a valid decision, the applicant proceeds to pay the prescribed fees and complete the procedure for registering the transfer of author’s rights and related rights

Above is the article:”Transfer of author’s rights (already granted copyright) from Vietnam to foreign countries requires what?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Mechanism for handling and protecting infringed trademarks.

Mechanism for handling and protecting infringed trademarks

Brand protection is not just about intellectual property rights for innovative products in various fields, but also about protecting the reputation and prestige of businesses established in the market. Therefore, any infringement can affect the business. So what Mechanism for handling and protecting infringed trademarks?

Mechanisms to handle and protect infringed brands

Case 1: The brand has been granted protection and it is discovered that there is an organization producing counterfeit products with that brand. The brand owner can choose various measures such as:

  • Applying technological measures to prevent infringement of intellectual property rights.
  • Requesting the organization or individual infringing the intellectual property rights to cease the infringement, apologize, publicly rectify, and compensate for damages.
  • Requesting the competent state agency to handle the infringement through administrative measures depending on the level of infringement and the harm caused to the owner.
  • Filing a lawsuit in court or arbitration to protect their legal rights and interests. In cases where the level of infringement constitutes a criminal offense, criminal liability may be pursued.

Case 2: The brand is not registered or is awaiting protection, and it is discovered that there is an organization producing counterfeit products with that brand.

Currently, there are no specific mechanisms to protect industrial property rights (brands) in this case, as it is intangible property and therefore susceptible to infringement by other entities. The only way to protect one’s brand is to register it with the Intellectual Property Office.

In the case where protection has been applied for but a certificate has not been granted, during this period, the brand owner needs to collect relevant information such as evidence proving their ownership of the brand (creation time, time of launch, brand awareness, etc.); gather evidence of infringement of their brand, etc. So that after being granted the protection certificate, the owner can promptly file a lawsuit in court to protect their rights.

Lessons for businesses for handling and protecting infringed trademarks

Therefore, some lessons and experiences that businesses should consider when building and protecting their brand are: (1) Avoid using common or descriptive terms as the names that describe the quality and characteristics of the goods or services offered; (2) If there is uncertainty about whether their brand can be distinguished or not, they should consult reputable trademark lawyers and experts to have a suitable and effective brand registration and protection strategy; (3) Establish rules and regulations, a specialized team to conduct management activities and control the use of the company’s brand…

Above is the article:”Mechanism for handling and protecting infringed trademarks” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
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Importance of patent registration

Importance of patent registration

The invention promotes the exploration and development of new technologies and products. This creates progress and innovation, improving the quality of life and bringing significant improvements in various fields such as healthcare, information technology, and energy. Invention brings many important benefits to human life and development. So the importance of patent registration?

What is an invention?

An invention can be a new invention, product, method, process, or design that is a breakthrough or provides improvements over existing ones. It often requires creativity, clever thinking, expertise, and research efforts to create a new and useful solution.

Inventions are protected by exclusive rights through the issuance of a patent or utility solution certificate.

Importance of patent registration

Registering a patent is important because it brings many benefits to the registrant. Here are some important reasons:

  1. Protecting intellectual property rights: Patent registration helps protect the intellectual property rights of the registrant for an invention or innovation. It ensures that the owner has the exclusive right to use, sell, or transfer their invention.
  2. Preventing copying: When there is a new idea or product, patent registration helps prevent unauthorized copying or use by others. This helps protect your creative work and ensures that you have the legal right to control the use of your product or technology.
  3. Creating business opportunities: Patent registration provides the registrant with business opportunities and profit from their invention. By owning intellectual property rights, the registrant can earn royalties from the use, sale, or licensing of the invention to other companies and generate income from this.
  4. Increasing brand value: When a company has intellectual property rights, it creates an increased brand value. The exclusive right to use a unique product or technology helps create a competitive advantage and attracts interest from customers and investors.
  5. Encouraging innovation: Patent registration encourages individuals and organizations to invent and innovate. Having a clear process for patent registration encourages people with new ideas and advanced technology to share and develop.

In summary, patent registration benefits the registrant by protecting intellectual property rights, preventing copying, creating business opportunities, and increasing brand value. Additionally, it encourages innovation and technological progress.

The agency responsible for patent registration in Vietnam is the National Office of Intellectual Property. It is an agency under the Ministry of Science and Technology of Vietnam, based in Hanoi.  To register a patent in Vietnam, individuals or companies wishing to register need to submit the documents and materials related to their invention to the National Office of Intellectual Property. After examination, if the application meets the requirements for creativity, novelty, and recognition, the National Office of Intellectual Property will issue a patent certificate.

GreenIP is an intellectual property representative organization specialized in providing services for trademark, patent, industrial design, copyright, and plant variety registration. We provide intellectual property services in countries worldwide and legal services in countries in the ASEAN region, such as trademark protection registration, representative office establishment, and branch office registration. Our team consists of experienced and passionate intellectual property lawyers, engineers, and experts dedicated to protecting your intellectual assets. At GreenIP, you will receive effective, flexible, and timely support to successfully protect and manage your intellectual property assets. We aim for sustainable development for our clients and ourselves. Please contact us for our services.

Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia

Call/WhatsApp: (+84) 9 0228 3469

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When do clients need to carry out the procedures for renewal of trademark registration in Vietnam?

Under Circular No 01/2007/TT-BKHCN (Article 20.4.b), Clients should note the following provisions when renewing trademark registration:

Pursuant to Circular 01/2007 / TT-BKHCN – Article 20, Clause 20.4. item b. Amendment, changing of protection title holder, narrowing of the scope of protection, maintenance, and extension of validity of a protection title must note the renewal of trademark registration in Vietnam as follows:

– Within 06 months prior to the expiration date, the Certificate holder must submit an extension request to the NOIP.
The Certificate holder can renew it late, but the deadline for renewing is not more than 06 months from the date of expiration of the protection term. In this case, in addition to having to pay the renewal fee, the Certificate holder has to pay a late renewal fee (10% of the renewal fee for each late month). Therefore, trademark owners should pay attention when renewing the trademark registration on time to avoid the expiration of the trademark protection title, affecting production and business activities.

Pilot Program on Patent Prosecution Highway (PPH) betweenVietnam and Japan will be continued until 2022

After completion of Phase 1 of the PPH Pilot Program (April 01, 2016- March 31, 2019), the Intellectual Property Office of Viet Nam (the IP Viet Nam) and the Japan Patent Office (JPO) will continue the 3-year Phase 2 of the Program which begins on April 01, 2019 and ends on March 31, 2022 .
Under the Phase 2, the IP Viet Nam will receive 200 PPH requests per year for JPO-derived applications meeting conditions specified in the Guidance on Procedures to file a PPH request to the IP Viet Nam, of which up to 100 requests are accepted from April 1 to September 30 of each year, and the remainder are accepted from October 1 to March 31 of the following calendar year.

In contrast, the JPO will receive an unlimited number of PPH requests for applications derived from the IP Viet Nam and meeting conditions specified in the Guidance on Procedures to file a PPH request to the JPO.

For more details, please contact GreenIP at info@localhost

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