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On June 18, 2024, at the headquarters of the Vietnam Atomic Energy Institute (VINATOM), ASL LAW in collaboration with VINATOM organized the workshop “Inventions and Utility Solutions in Vietnam” in both in-person and online formats. The objective of this workshop was to raise awareness of intellectual property and promote the registration of inventions and utility solutions in the field of atomic energy.
Representing ASL LAW at the workshop were Senior Partner Do Ba Thich, Senior Partner Nguyen Thi Thuy Chung, and associates. From VINATOM, the participants included Dr. Tran Chi Thanh, the Institute’s Director, along with leaders and research groups from various units such as:
- Institute for Nuclear Science and Technology,
- Nuclear Research Institute,
- Institute for Technology of Radioactive and Rare Elements,
- Hanoi Irradiation Center,
- Center for Technology Research and Development of Radiation,
- Center for Nuclear Techniques in Industry,
- Ho Chi Minh City Nuclear Center,
- Center for Non-Destructive Evaluation,
- Office, Planning and Scientific Management Department,
- International Cooperation Department.
During the workshop, Lawyer Do Ba Thich presented statistics on the number of Vietnam patent and utility solution applications and the number of certificates granted in recent times by research institutes. He covered topics such as: an overview of Patents and Utility Solutions; the benefits of registering Patents and Utility Solutions; conditions for registering Patents and Utility Solutions; required tasks and timelines for registration.
The report from the Intellectual Property Office at the 2024 State Management Conference on Intellectual Property (IP) for the period 2014-2023 included the following notable figures:
- The number of Vietnam patent/utility solution applications increased by 9.8% per year.
- The number of applications from Vietnamese entities increased by 12% per year.
- Foreign entities had seven times more patent applications than Vietnamese entities (60,517 applications compared to 7,560 applications).
- In 2023, Vietnamese entities submitted 991 applications, while foreign entities submitted 8,469 applications.
This indicates that the number of applications from Vietnamese entities is still limited and there is ample room for growth. Some reasons for not registering inventions include:
- Units/organizations/individuals not knowing which objects can be registered as inventions.
- Units/organizations/individuals not understanding the benefits of registration.
- The relatively long time from application submission to patent grant.
- Reluctance of some units/organizations/individuals to carry out the registration procedures and prepare the application dossier.
In his overview of Vietnam Patent and Utility Solution, Lawyer Do Ba Thich introduced information on patents according to current IP laws and provided visual examples of patents in technical fields related to the Institute.
The lawyer also distinguished between patents and other objects such as inventions and trade secrets. Based on the Institute’s products and services, he advised on which products/services should be patented and which cannot or should not be patented, helping researchers understand patent protection through filing patent in Vietnam better.
Regarding the benefits of registering Patents and Utility Solutions, Lawyer Do Ba Thich emphasized the importance and benefits of registration in the activities of units/organizations/individuals, particularly in aspects such as:
- Technology exclusivity;
- Preventing unauthorized copying or use of technology;
- Protecting the creativity and investment of the applicant/certificate holder;
- Ensuring and maintaining competitive advantage through exclusive use of advanced technology;
- Creating high-value products in the market;
- Generating income;
- Increasing the reputation of the owner and the value of the product;
- Enhancing opportunities for academic titles and degrees.
Regarding the conditions for filing patent in Vietnam and filing Utility Solutions in Vietnam, Lawyer Do Ba Thich outlined the regulations for determining the novelty of a product or process and mentioned cases where novelty can be easily lost, such as:
- Commercializing the invention before registration;
- Publishing the invention on websites, forums, or social media immediately after research completion without prior registration;
- Participating in scientific-technology competitions with the product or technical solution before registration.
He also advised authors and researchers to file patent in Vietnam before or within the time frame of publicizing their research results. Additionally, conditions regarding the level of creativity and industrial applicability when registering patents were actively discussed.
Regarding the process to file patent in Vietnam, Lawyer Do Ba Thich presented the process of patent registration in Vietnam and the support procedure for clients when applications are examined by the Vietnam Intellectual Property Office.
At the workshop, scientists and researchers raised many questions and engaged in lively discussions on topics presented by Lawyer Do Ba Thich, such as:
- Benefits for author groups when conducting research and registering patents;
- Patent and utility solution protection at national or international levels;
- Legal regulations when transferring the right to use patents/utility solutions to third parties;
- Personal rights and remuneration rights of authors of patents/utility solutions.
The workshop “Inventions and Utility Solutions” was a success, attracting the interest and participation of many experts and researchers in the field of intellectual property. During the workshop, ASL LAW representatives delivered important speeches, sharing valuable experiences and knowledge about the process of patent filing in Vietnam as well as filing for utility solutions, drawn from practical practice.
ASL LAW representatives also expressed their desire to continue collaborating with the Institute in the future to promote the dissemination of intellectual property knowledge. This collaboration aims to enhance community awareness about the importance of protecting intellectual property rights and support inventors and businesses in registering and protecting their inventions, thereby facilitating the development of creative ideas and promoting socio-economic growth.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
