Thứ Hai, 25 tháng 3, 2019

The Benefit from Protecting Invention Patent

BY Mèo juna IN , , No comments

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.
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.

Thứ Sáu, 22 tháng 3, 2019

Three tips for successfully obtaining a patent for your invention

BY Mèo juna IN , , , No comments

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.

Thứ Tư, 20 tháng 3, 2019

Patenting An Idea: What You Need To Know

BY Mèo juna IN , , , , No comments

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.


Thứ Hai, 18 tháng 3, 2019

The Regulation on Science and Technology Enterprises in Vietnam

BY Mèo juna IN , , No comments

The science and technology enterprises (S&T Enterprises) means an enterprise implementing production and business science and technology service to make a goods or product from results of science research and technology development. The S&T Enterprise’s operation is based on the successful application and exploitation of research process in itself or the results of scientific and technological research from the scientists, organizations or research results transferred from abroad that they have the lawful ownership use rights. The Government issued the Decree No. 13/2019/ND-CP dated on February 01st, 2019 on science and technology enterprises.

The setting up of S&T Enterprises in Vietnam is only acceptable when meeting the following conditions for granting Certificates of science and technology enterprise, which is acting as operation license as well as basis for implementing the incentives and support policy for investment and takes effect nationwide: i) Established and operated under the Law on Enterprises; ii) Being able to create or apply scientific and technological results which are evaluated, appraised and recognized by competent authorities; iii) Obtaining turnover form the production of, and dealing in, products and goods created from scientific and technological results for at least 30% of the total turnover. This condition shall apply in case the enterprises is established to or more 5 years.
Certificate of science and technology enterprise is issued by the Department of Science and Technology or National Agency for Technology Entrepreneurship and Commercialization Development (NATECH) belonging to the Ministry of Science and Technology depending on each specific case.
One of the important provisions related to the S&T Enterprises of Decision No. 844/QD-TTg of the Prime Minister dated on May 18th, 2016 on approval for “Assistance policies on national innovative startup ecosystem to 2025” stipulates for continuing to implement the Project of Vietnamese Silicon Valley. This Project have been creating the most favourable conditions for development of the S&T Enterprises and encouraging S&T Enterprises to research, improve their goods or product to meet the demands of market.

With the application of scientific research results and technological development into production and business activities, S&T Enterprises not only bring new high quality products which are able to compete with imported goods, but also encourage science and technology research and application into production and business. S&T Enterprises are entitled to enjoy preferential on enterprise income tax exemption and reduction; exemption and reduction of land and water surface rent; credit incentives;… and especially supporting research activities and commercialization of new scientific and technological results supplemented by Decree No. 13/2019/ND-CP.
The promotion of commercialization of science and technology results contributes actively to the development of the science and technology market, facilitates the application of research results to real life. Every year, Vietnam has thousands of research results and inventions from universities, research institutes, research centers, domestic research groups and foreign organizations and individuals registered in Vietnam. But very few research results are applied to production or commercial products on the market. In order to resolve this situation, the Vietnamese Government supports the S&T Enterprises through policies on enjoying import and export tax; use of research equipment in national key laboratories, technology incubators,… of the State; investment preferences of the Scientific and Technological Development Fund and other funds; priority to participate in projects to support the commercialization of the results of science and technology, intellectual property of the State;… as stipulated in Decree No. 13/2019/ND-CP and relevant legal documents.

Thứ Năm, 14 tháng 3, 2019

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

BY Mèo juna IN , , , No comments

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.

Thứ Tư, 13 tháng 3, 2019

When can an owner of copyright or trademark use “notice symbols” on their products, such as ©, ®, or TM?

BY Mèo juna IN , , , , , No comments

For copyrightable works, the owner can place the copyright designation – the “C in a circle” © - on her work from the moment the work is created, and include the year and her name. For example: © 2017 Jane Doe. A copyright notice can be used whether or not the work is registered with the U.S. Copyright Office. The notice is not required, but it puts the public on notice of her intent to claim and enforce her copyright.
A trademark owner can always use the “TM” mark on its goods and services, to put the public on notice of his intent to claim and enforce his trademark rights. The “R in a circle” – ® - is reserved only for federally registered trademarks. If you register your trademark with your state trademark registry, but not the USPTO, you may only use the “TM” mark.

I always recommend using the appropriate symbols as soon as you put your product to market. Whether you have registered them yet or not, this gives the public notice that you have considered your intellectual property protections and are prepared to enforce them.

Thứ Hai, 11 tháng 3, 2019

What are the critical steps to take, to protect your business’s intellectual property?

BY Mèo juna IN , , , No comments

If you are a business owner, be sure your member agreement states that all intellectual property developed by members, shareholders, etc. belongs solely to the company and that members who develop  any intellectual property will execute any and all documents necessary to protect the company’s rights. This is particularly important in smaller businesses where the owners are the ones developing most or all of the creative ideas. Also, be sure that any employees and independent contractors who will work with trade secrets sign strong non-disclosure and non-competition agreements, because there is no registration for trade secrets (such as recipes and non-patentable formulas). Trade Secrets are protected only as long as they remain secret.

For example, our firm has done corporate, regulatory, and intellectual property work for almost 100 start-up breweries. We prepare these types of agreements all the time, to protect their beer recipes and formulas. We also register trademarks for their brewery names and beer brands whenever possible.

Also if possible, register it with the USPTO, U.S. Copyright Office, or in some cases, your state’s trademark registry or international registries. In some cases, a trademark is eligible for an early application before your business even opens, so take advantage of obtaining that earlier filing date. Just be aware there will be subsequent filing requirements after your business opens.

Register your copyrights on written works, including computer codes, screenplays, and artwork, and register them early. Statutory damages and attorney’s fees are usually not recoverable in an infringement action if the copyright was not registered before the infringement occurred or within 3 months of publication.

If you developed an innovative product, speak with a patent attorney about whether the product qualifies for patent protection (only attorneys who have passed a separate patent bar exam are qualified to work with patents). If the product does not qualify for patent protection, find other ways to make your product stand out, including through strong trademark branding and enforcement.