How do I write a good provisional patent application?

Filing a provisional patent application is certainly easier, cheaper and faster than filing a utility patent application. It’s a route that allows you to to buy some time (a year), to develop and market your idea. 

Patent Attorney in Vietnam

If it gains traction during the year, then you can convert it into a utility patent; if not, then you can simply let it lapse knowing that you made the right decision to not invest the thousands of extra dollars and years it would’ve taken to obtain a utility patent.

1.Search Before You Write

The first step you need to take is to do a patent search. This will tell you whether your idea has already received patent protection. Start here with Google Patent search. You’ll also want to search the USPTO database. Conclude your search with a simple worldwide search here.

Conducting a general search (e.g., text search using Google) for inventions similar to your own that haven’t been patented is also a good exercise. This will reveal whether others have already productized your idea, and if so, how your idea is different - and hopefully superior. You’ll often find that there are many expressions of unpatented ideas floating around the marketplace. This is a rich source of information for you if you’re considering patenting your innovation.

You’ll likely find inventions that are similar to your own, but not necessarily the same. Your job is to look for the differences and what makes your invention unique. Those distinctions are going to fortify your application, so make sure you’re able to describe those differences thoroughly, specifically and clearly.

2.Write Simply, But Thoroughly

You should start by first writing a list of unique benefits and features that distinguish the novelty of your idea. I’d suggest taking your time in developing a very thorough, well thought out profile - a week or so is about right, with some attention devoted to developing your list each day. This will help you immensely when you start to complete the actual application.

3.The Application

You application will consist of: (1) a specification, (2) a drawing, (3) the USPTO Cover Sheet, and (4) the filing fee.

Your specification will include these sections: Title, Description of the Invention, Claims and Abstract.

You will also need to include drawings. These can be sketched by hand and scanned into your specification doc, or you can do them with design software, CAD, PowerPoint, manuals or something similar - whichever is easier for you.

The key thing to focus on with your drawings is to make sure you clearly, comprehensively and capably show enough detail of your innovations to convince the USPTO examiner that your idea should be granted patent protection.

Next, you should specify your claims. Please note that you are not required to include your claims in a provisional application, so you can skip this part if you want to; however, it’s highly recommended that you do so. They describe what it is precisely that your patent protects.

Keep it simple, but focused. Select the top features that distinguish your invention and provide a brief, but detailed description about each characteristic. You’re not writing a final set of claims (which will come later if you convert to a utility patent); you just need to make sure you’re not limited in the future. Therefore, your claim should follow this type of format: “A [machine, device, method - whatever it is you’re protecting] that consists of [insert the two or three distinguishing features here].”

You’ll need to write an abstract, which simply means a very brief summary of your invention. For this part, you can simply re-state what you described in your claims.

You will also need to complete a “Provisional Application for Patent Cover Sheet,” which you can download here.

Finally, you’ll need to pay your fees. You can file electronically or non-electronically (snail mail). The non-electronic filing is $200-$400 (depending on your company’s size), and are in addition to the filing, search and examination fees.

The application fees (separate from the above filing fee) ranges from $65 for a micro entity up to $260 for a large entity. You can see all USPTO fees here.

Final Things You Need to Know

Your provisional patent will automatically lapse exactly one year from your filing date. If you want to convert your provisional patent to a utility patent, you must do so before the one year anniversary date of your filing. So, for example, if you filed your application on June 1, 2018 your must file your utility patent application no later than the close of business on June, 2019.

Once you have filed, you’re entitled to use “patent pending.”

You are not permitted to claim priority from another application.

The provisional application must be made in the name/s of all inventor/s.

If you convert your provisional to a utility application before the end of one year, you can claim priority to your previous provisional application/s.

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How do you make intellectual property tangible?

Picture your mind as a gold mine site, where you can explore for the precious metal. You dig deep through muds, water, rocks, and landfill.

 Protecting Intellectual Property Rights in Vietnam

Naturally, before going to dig for gold, you know what it looks like therefore you know what you are looking for (trying to manage and commercialise acquired IP or not understanding the nature of your business original Intellectual Property could be a waste of effort). In reality, people are not always aware of the unique identity of gold, diamond or any precious metal for that matter, with this fact, it is safe to assume most businesses are not aware of the raw form of their intellectual property asset and how to make it tangible.

One can easily step on a rough looking gold and mistake it for an ordinary rock likewise you may have a eureka moment that could lead you to ownership of a precious IP asset but easily disregarded or discouraged by reducing it to a regular thought.

The good thing about Intellectual Property is that the raw material (ideas) is abundant, unlike gold. Therefore, every individual has an unlimited gold mine.

Intellectual property essentially is the mining of the mind. A person will mine their mind or soul as the case may be - for a creative solution. Now at this point, the result of the "eureka moment" is not yet a full-blown Intellectual Property but already can be classed as an intellectual asset because once you expose an idea to the market, it becomes a commodity of some sort. However, there are so many variables in the market that are going to influence how tangible your Intellectual Property will be.

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What are the steps to getting a patent in the United States?

Congratulations on creating an app and wanting to take the next steps to protect your work. Here is a brief overview of the steps for obtaining a patent through the USPTO.

First, you need to be sure that no one else has already come up with the same product or technology and secured a patent on it. You do this by performing a thorough patent search. This is something you could try to do yourself, but often it’s best to engage the help of a professional who is familiar with conducting these types of searches and can give you an opinion.

Patent Consultant in Vietnam

Next, you’ll need to determine what type of patent you would be pursuing. The most common options are a design patent or a utility patent. In your case you would be filing for a utility patent.

Now you need to decide whether you are filing for a provisional or nonprovisional patent. A provisional patent is the first step to securing a filing date if you’re not ready to file the nonprovisional patent and start the examination process, but ultimately you’ll need to get a nonprovisional patent to protect your idea.

Finally, you’ll need to prepare and file the application along with the application fee. As this can be a confusing and difficult process, it’s recommended to hire an attorney to prepare the application for you. At this stage you’ll put together all the necessary information and submit it to the USPTO for examination. Once received by the USPTO, they will review the application and issue a determination. If it’s denied you’ll have the opportunity to appeal and request reconsideration.

Once a patent is ultimately approved, you’ll need to maintain it by paying the required maintenance fees to the USPTO.

Source: Quora

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How do you get trademark registration?

What is Trademark?

The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels or a tagline or a combination of these. For example Coca-Cola and Pepsi.

Who can apply for the Trademark?

Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.

What are the documents required for Trademark Registration?

Following are the documents which are required for the Trademark registration:

-Copy of Trademark or logo

-Applicant details like name, address, and nationality and for the company it requires the state of incorporation

-Goods or services to register

-Date of first use of the trademark in Vietnam

-Power of attorney which is to be signed by the applicant.

-What are the steps for registering Trademark in Vietnam?

Following are the steps through which you can register your Trademark:

-Select a trademark agent and authorize it.

-Select attorney to represent you.

-The trademark attorneys in Vietnam conducts a trademark search.

-It depends upon the results of the search whether the trademark attorney will be draft your trademark or not. Just in case, someone already has the same trademark then you can change yours.

-The trademark attorney will file your trademark application with the trademark office and send you the receipt.

-Within a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the trademark office.

-No matter what the place is, it takes anywhere around 18 months to 2 years for the Trademark Office to decide whether the trademark should be granted or not. In case, if there are any objections from anywhere then it may take longer. .

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Da Nang City Receives Hungary Ambasador in Vietnam

On October 7^th, 2019, Chairman of Da Nang People’s Committee met the Ambassador Hungary to discuss cooperation. At the meeting, the Chairman of Danang People’s Committee informed about the development orientation of the city until 2030, with vision to 2045. Besides, the city also wishes to receive support and assistance in cooperation with Hungary in the near future about many business areas.

Da Nang City Receives Hungary Ambasador in Vietnam

Hungary Ambassador highly appreciated the development of Danang and the achievements of the city in recent years, and expect that the two countries would be able to cooperate with each other in the future.

The two parties also discussed a number of issues such as the implementation of the project to upgrade the Danang Pediatric Maternity Hospital with funding from Hungary.

In the meeting, the representatives of  Danang city shared wishes to attract more investors from Hungary and other European countries. In the coming time, with the orientation of developing hi-tech areas, services related to tourism, protecting the environment.

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Customs Authorities to Reduce 12 Administrative Procedures

Customs procedures are always a haunting torment of many companies and businesses. Recently, the Prime Minister has ordered Vietnam Ministry of Finance, the General Department of Customs to review the administrative procedures and plan for reducing, amending of the unnecessary procedures that hindering and harassing businesses, to make investment in Vietnam more competitive and the legal environment in Vietnam more transparent.

Customs Lawyers in Vietnam 

Pursuant to the announcement No. 289/TB-VPCP dated 25th July 2014 on management and reform of administrative procedures in Customs decision of the Vietnam Ministry of Finance, 12 administrative procedures in the customs sector have been discarded, reduced down to 164 types.

Before that, the time consumed for the export procedures in Vietnam was 4 days, as twice as the average time consumed in the region and was one of the highest figures in the region. The time consumed for the import procedures is 4 days, compared to the average of 3 days of the region. The time for the preparation of documents for import-export is 12 days, 1 day longer than the average numbers. Meanwhile, companies have to complete 13 documents for procedures, higher than Singapore, which requirs 6 types of documents and Malaysia with the respective number of 8.

In accordance with the annoucement, the Prime Minister demands the focus on renovating administration of Vietnam Tax, Customs procedures that target by the end of 2014, the time consumed by conducting these import-export, clearance of products procedures shall be cut in half; and to reduce the number of documents required; publicly announce the statistics of the customs operation; and finally, in 2015, reduce the number of hours consumed for the custom procedures of export-import products into Vietnam equal to the average figures of ASEAN-6 nation, which is 171 hours annually.

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Vietnam Customs Law 2014

On 23rd June 2014, the Vietnam National Assembly has issued the new Vietnam Customs Law. This new law comprises of 8 Chapters, 104 Articles and shall come into effect on 1st January 2015.

Customs lawyers in Vietnam

Accordingly, the new 2014 Vietnam Customs Law is focusing on customs procedure reform, modernization of customs administration, codify international laws on international commitment in order to meet the requirements and facilitate integration beneficial for import and export activities; improve the effectiveness and efficiency of customs operations management.

Article 23 of the law regulates the custom documents towards reducing the numbers of papers of customs documents required in the relevant documents to be submitted when doing customs procedures i.e. commercial invoices, import-export document.  Custom documents can also be in writing or electronic invoices.

Besides, the new Vietnam Customs Law boosts the management practices from pre-check to post- check. Mechanism of post-clearance inspection for a period of 5 years is strictly specified in terms of objects, conditions and sanctions when a violation is detected. This provision not only facilitates but also tightly controls the flow of goods to ensure that it is in compliance with the customs declaration.

Clause 6 Article 88 of the 2014 Vietnam Customs Law regarding the jurisdiction of the customs authorities in the application of prevention of smuggling and illegally transporting goods across borders has been supplemented to detail the measures to control custom.

In addition, the provisions of Article 92 stipulates that Customs agency, customs officers shall be equipped with and using professional technical facilities, weapons, support tools, flags, signal flares, lights, screening, biochemical technology, mechanical equipment, electrical, electronic and other means as prescribed by law to perform the task of preventing and battling against smuggling, illegal transport of goods across the border. The equipment and the use of weapons and tools to support prescribed by law shall be governed in complied with regulations for management and use of weapons, explosives and support tools. These are important provisions to prevent and battling against smuggling, illegal transport of goods across the border.

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