Can you patent a recipe or cooking process?

In theory, yes, because a recipe is a composition of matter (new drugs are patented all of the time), but your patent application will probably be rejected by any Patent Office in any country around the world as your recipe is probably an “obvious” variation of some similar recipe that everyone else was already using. If you try to patent your recipe as a new method of cooking, you run into the same problem that your recipe could be considered an obvious variation of other cooking methods that other people have been using for years. Minor improvements to a preexisting method or composition are hard to patent, as trivial improvements are usually regarded to be obvious variations of an old device, and are not patentable.

Vietnam patent 

Not to mention the fact that you have apparently been selling your secret stuff for years, and public use or sale of a new product puts it into the public domain, and no one can patent it, ever, if it is already publically known (in the US, you get a 12 month grace period, but if you have been selling your secret sauce to the public for “years”, that sounds like you are past the 12 month deadline by possibly several years).

i would agree with the guy who said that you would be better off trying to keep your recipe a trade secret. Obtaining a patent is time consuming and expensive, and there is no guarantee that you will actually get a patent when it is all said and done. Simply keeping a trade secret, by contrast, is as cheap and as easy as keeping your mouth shut.

How ANT Lawyers Could Help Your Business?

Tearn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Read More

Patent Prosecution Highway Mechanism Between Vietnam and Japan

First pilot program between Vietnam National Office of Intellectual Property (NOIP) and Japanese Patent Office (JPO)

NOIP and JPO have jointly undertaken the first Pilot Patent Prosecution Highway program (“PPH”) since 01^stApr, 2016.

According to this bilateral PPH, the patent application filed at JPO (previously filed at NOIP) falling into one of the three following cases:

Intellectual Property Lawyers in Vietnam

(i)     An application which validly claims for priority under the Paris Convention on the basis of NOIP application(s), or

(ii)     A PCT national phase application to Japan without priority claim, or

(iii)   An application which validly claims for priority under the Paris Convention to the PCT application(s) without priority claim.

And meeting other conditions regulated in Procedures guidance to file a request to JPO for PPH program between JPO and NOIP (“Procedures”), the applicant shall be entitled to request JPO to fast prosecute the application on the basis of providing research and evaluation results of NOIP and other relevant documents to JPO for references.

For the patent application filed at NOIP (previously submitted to JPO) falling into one of the three following cases:

(i)     An application which validly claims for priority under the Paris Convention on the basis of JPO application(s), or

(ii)     A PCT nationalphase application to Vietnam without priority claims and this PCT submitted to JPO as an international application receiving agency (applications’ number initiating with PCT/JP hereby referred to as “PCT/JP applications”), or

(iii) An application claims for priority under the Paris Convention on the basis of PCT/JP application(s) without priority claims;

And meeting other conditions regulated in the Procedures, the applicant shall be entitled to request NOIP to fast prosecute the application on the basis of providing research and evaluation results of JPO and other relevant documents to NOIP for references. The duration of the PPH program shall be expired by the date of March 31^st, 2019.

Read More

Process of Anti-dumping Review in Vietnam

After 12 month from the day on which the decision on imposition of anti-dumping measures is issued, the Vietnam Minister of Industry and Trade may decide to review anti-dumping measures at the request of one or multiple interested parties and evidence provided by them.

The time limit for the review is 06 months from the day on which the decision on review is issued, with a possible extension up to 3 months if necessary.

Anti-dumping Law: The Basic Concepts

Within 60 days before the end of one year from the date of issuance of the decision on the imposition of official anti-dumping measures, the related parties may submit the application dossiers for review of anti-dumping measures.

1. Subject of the application:

The following related parties shall have right to submit the application for review of theanti-dumping measures imposition:

-Domestic producers;

-Foreign producers and exporters may submit dossiers for review of the imposition of official anti-dumping measures against themselves;

-Importers of goods subject to anti-dumping measures;

-Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures of such foreign producers and exporters.

2. Contents of the application

Contents of the review at the request of related parties

-The dumping margin, the level of subsidy of one, some or all of the foreign producers and exporters;

-Commitments to eliminate dumping and subsidies of one, some or all of the foreign producers and exporters who commit;

-Damages of the domestic industry and the causal relationship between the dumping on goods/ good subsidies of relevant foreign producers and exporters and the damage to domestic industry;

-Scope of imposition of anti-dumping measure and countervailing measure.

Read More

What are the theories of intellectual property rights?

Intellectual property (IP) are the rights given to people for certain things they create. Here are some important features for each of these forms of IP, on the most basic level:

Patents protect processes and methods, which includes inventions, software, machines, manufactured items, compositions, and designs.

Protecting Intellectual Property Rights

Trademarks protect the identifying properties of something, whether that is the name, the website address, the logo, the slogan, or anything else of that nature.

Copyrights protect content. This can be content surrounding your products, articles, books, podcasts, songs, movies, guides, etc. If it takes even modest amounts of creativity to create, it’s likely covered by copyright law.

Trademarks and copyrights have “common law” rights which protect your creations to a certain degree. However, it is worth registering your IP with the Patent and Trademark Office  to get the most out of your IP. It will more greatly prevent others from ripping you off by providing a greater sense of notice to infringers. Also, you have to register your trademark and copyright in order to have standing to sue in federal court.

Read More

Trademark registration services in Vietnam

Trademark protection in Vietnam is initially obtained through trademark registration.

Trademark opposition could be filed to prevent a pending application for a mark from being granted application.  Litigation is the final measure to handle dispute during trademark protection in Vietnam.

Protecting Intellectual Property Rights

Trademark is a sign that help distinguish the goods or servicesof one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 and after shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million per year.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system.  For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.  Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

Read More

The Benefit from Protecting Invention Patent

How to Protect Invention Patent in Vietnam?

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.

Vietnam patent 

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.

Read More

What are the benefits of Trademark registration?

Trademark Registration is a legal protection for your Brand name which can not be copied by any other party Legally. If in case they copy that brand then through the Rights under Intellectual Property Act. The owner of the Trademark can recover the whole profit earned with the name of Registered Trademark.

Trademark attorneys in Vietnam 

Rest following are the Advantages of Trademark Registration.

1.Exclusive Identification:

A trademark helps your consumers & audience to identify uniquely the product & service provided by you. It builds up an image in the marketplace. It becomes the face of the company by which your products and services are recognized.Registering your trademark also ensures that you are the only owner of that particular symbol, logo, name, etc. and can't be misused by any other trader.

2.Legal protection:

It delivers certain legal protections to the proprietor and once the trademark is registered the owner has the power to sue any third party who tries to infringe the existing trademark. It protects from the following situations:Before any trader creates their trademark, there is no chance of Trademark infringement as in the research process they will find your trademark in the Trademark Database/Trademark Registry. Trademark infringement as in the research process they will find your trademark in the Trademark Database/Trademark Registry.If any other trader tries to register the same brand name as their trademark, then they will certainly be objected in the first place by the Trademark Office. In case you discover anybody using your trademark you get the right to claim infringement case under certain conditions.

3.Building up Trust/Goodwill:

Serving to public with the quality product under the registered trademark helps you to build up trust/loyalty of your consumers. A registered trademark also portrays that you personally care about your brand which further passes on positive values about your brand in public.

4.Global Permits:

A trademark registration in Vietnam will also help you getting exposed to the global market under the International Trademark system. Foreigners can also register trademark in Vietnam and Vietnam entities can register trademark at a global level.

5.Protection from Infringement Claims:

If your trademark is registered, then you are safe from the infringements claims that you will come across. As your trademark is recorded in the registry, you will have proper legal evidence to defend your trademark.

6.The value in the Market:

Having a trademark gives a standard to the product and services in the market which further builds up Value of the brand i.e. brand entity. It becomes easy to spot your company/brand in the marketplace.

Read More