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Patent search in Vietnam

Patent information is publicly available documents; most intellectual property offices in the world provide the necessary conditions for the public to consult patent databases. Several national and regional intellectual property offices have established online patent databases that are often free to search. In addition, some private organizations also offer more complex databases for a fee. Intellectual property representative organizations normally provide patent information search services for customers in need. Viet An Law Firm supports patent information search services in Vietnam and abroad. In this article, Viet An Law shares specific information related to the patent search in Vietnam.

patent protection

The purpose of patent search in Vietnam

Patent information includes a wide variety of technical and legal information that can be used for a variety of purposes. Patent search information is often used for the following main purposes:

Search the technical status to file a patent application

Search the technical status of the requirements to determine the patentability of the invention:

Novelty of the invention

Determine whether the technical status of the invention exists yet. Is it new compared to the technical solutions that have been applied for protection? To determine whether the claimed invention meets the above standards, it is necessary to compare it with the state of the art, i.e. current public knowledge around the world.

Creative level of the invention and industrial applicability of the invention

Search the creative level of the invention, which is non-obvious to determine whether such invention is sufficiently different from existing technology.

Meaning of patent search

Searching patent information allows authors and patent owners to evaluate several important criteria before filing a patent application such as:

  • What technical problem does an existing invention solve in the same field?
  • How does an existing invention in the same field?
  • What effect does an existing invention have in the same field?
  • What is the structure of an existing invention in the same field?
  • What types of materials or measures were used to create an existing invention in the same field?

Therefore, after searching patent information for the author and patent owner, the answers to the above questions will be distilled into necessary words and phrases, used in the private search process. whether the invention exists. Based on that, the applicant can avoid duplicate research and development efforts and determine the ability of patent protection of the invention.

Collect business information, use patent information that has expired but is still useful in business development

  • Many businesses save costs by rescuing information about patents that have expired or are not registered for protection in certain countries that are the company’s market, aiming to avoid purchasing patent copyrights in foreign countries. some markets as well as patent licensing costs.
  • Exploitation of technology contained in a patent application is not granted a patent;

Avoid infringing on patent rights

  • The owners and inventors can often avoid costly legal proceedings related to patent infringement by gathering information about the scope of protection of existing patents and their legal status in different countries.
  • This information can be obtained by systematically searching patent documents as the PCT system, databases of countries, and regional patent offices where the enterprise wants to commercialize the technology.
  • Once the appropriate patent documents have been obtained, the first step is to assess the legal status of the patent application. Potential infringements can be avoided by adapting the company’s products with relevant protection claims.
  • Since patent applications are only published 18 months after the filing date, it is important to continue to monitor patent documents in technology areas related to your product to make an informed assessment.

Patent valuation

  • Patent documents can indicate the value of your patent or that of your competitors. In particular, cited information contained in invention documents – specifically patents, other patent applications, or International or National Search Reports (ISRs) – accompanying an invention in particular, is useful to determine the value of the invention in question.
  • Determining the number of times the invention is cited in patent documents then demonstrates its technical relevance and that is the value of the invention.
  • Improve the quality of business decisions, for example, signing licensing contracts, establishing technology partnerships, business acquisitions and mergers;

Identify key trends in technology development

  • Knowing which company or individual is the technological leader in your business can play an important role in planning your business activities, as well as your research – deployment. Patent activity and patent ownership can be very important in identifying potential inventors in many different technological fields.
  • Although a search may reveal any patent documents meeting the search conditions that were published at the time of the search, subsequent newly filed patent applications may be relevant. enterprise’s business. To keep up with these developments, some reference services offer the ability to request updates via e-mail or to set up custom RSS feeds for continuous updates on new documents announced and can be queried using common software applications, thereby providing direction for the business development of the enterprise.
  • Identifying the main development trends of technology Statistical data obtained from patent documents can be used to describe the main development trends of different technology fields and countries, which helps policymakers make more accurate decisions.
  • Collect information about competitors’ innovative activities and future business directions;

Patent information needs to be searched

Patent information contains all information published in patent documents or information obtained from analyzing patent filing statistics, including:

  • Technical information contained in patent descriptions and illustrations;
  • The legal information contained in the claims defines the scope of protection of the invention and the legal status of the invention;
  • Business-related information contained in the reference data, identifying the inventor, filing date, country of origin, etc.
  • Information relevant to public policy is obtained from the analysis of filing trends that policymakers will use in, for example, national industrial policy.

How to conduct a patent search in Vietnam?

Step 1. Identify areas related to technical solutions

It is best to search according to the International Patent Classification (IPC), according to class and group according to the product to be searched.

Step 2. Identify search keywords

The next step is to find synonyms, keywords, and phrases related to the ideas identified in step one.

Step 3. Determine other criteria to search patent information

Effectively searching patent documents and other sources of technological information often requires a solid knowledge of the technical field related to the invention. An understanding of terminology and related issues in this field is also essential if appropriate reference standards are to be determined. The criteria that can be used to search for relevant patents are:

  • Keyword
  • Patent classification
  • Date (for example, priority date, application date, publication date, grant date)
  • Patent reference or identification numbers (e.g., application number, publication number, patent number)
  • Name of applicant/assignee or inventor.

Links to free online patent databases in Vietnam and some countries around the world.

Country/organization URL
Vietnam http://wipopublish.ipvietnam.gov.vn/wopublish-search/public/patents
Australia https://www.ipaustralia.gov.au/
Brazil https://www.gov.br/inpi/pt-br
Canada http://www.ic.gc.ca/Intro.html
European Patent Office https://www.epo.org/
France https://www.inpi.fr/fr
Germany https://www.dpma.de/
Hungary http://www.hipo.gov.hu/en
Japan https://www.jpo.go.jp/
Korea https://www.kipo.go.kr/kpo/MainApp
Latin America http://www.oepm.es/es/index.html
New Zealand https://www.iponz.govt.nz/
Poland www.arsinfo.pl/arspatent/a_info.html
Russia https://www.fips.ru/
Spain http://www.oepm.es/es/index.html
Thailand www.ipic.moc.go.th
England https://www.gov.uk/
USA https://www.uspto.gov/

Private patent search service for a fee

Several private companies provide database lookup services for a fee, such as:

The above are some of the large and widely known trading companies, of which Derwwent is the largest. There are also several new general companies providing the above services and many other units.

Patent search service of Viet An Law Firm

  • Consulting, looking up, evaluating usability, and registering for protection of inventions/useful solutions in Vietnam and abroad;
  • Search the technical status of the published invention;
  • Search the remaining protection term of the invention;
  • Search patent information including invention name, the field of the invention mentioned, patent protection requirements, description, invention drawings, author information, and invention owner;
  • Invention translation services and useful solutions upon request;
  • Search formal patent information at the Vietnam National Office of Intellectual Property – Independent costs (Search technical status related to Inventions/Useful Solutions);
  • Complete the application for a patent protection certificate (translate documents or write a description of the invention and protection requirements;
  • Prepare drawings, make declarations, represent) for customers in filing applications for patent protection in Vietnam and abroad;
  • Monitor the application testing process at the Vietnam National Office of Intellectual Property, draft documents and documents for transactions with the Vietnam National Office of Intellectual Property;
  • Representing clients throughout the entire process of establishing rights and responding to official correspondence with the National Office of Intellectual Property on patent registration;
  • Exchange and provide information to customers during the process of registering for patent/utility solution protection.
  • Consulting and implementing services to maintain the validity of patent protection certificates granted in Vietnam and abroad;
  • Consulting and evaluating the possibility of violating protected patent rights;
  • Evaluate the validity of patent protection certificates granted in Vietnam and abroad;
  • Negotiate, draft, appraise, and register contracts to transfer use rights or ownership of inventions in Vietnam and abroad.

Customers who need to patent search in Vietnam, register patents and utility solutions, or register inventions in Vietnam or abroad, please contact Viet An Law Firm for the best support!

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