Property – as an object of ownership relationship – has been defined by Article 105 of the Civil Code 2015 as follows: “Property is objects, money, valuable papers and property rights”. Specifically, intellectual property is a part of intangible property, which is the result of human intellectual creation in the fields of science, technology, literature, and art;
With the increasing demand for buying and selling intellectual property, specifically inventions and innovations, Hong Bang Law would like to offer advice on procedures for buying inventions and innovations as follows:
Legal basis
- Law 07/2017/QH14-Law on Technology Transfer
- Decree 76/2018/ND-CP-Detailing and guiding the implementation of several articles of the Law on Technology Transfer
Conditions
- Clarifying the validity, scope of protection, and content of solutions of the protected invention; the content of the initiative is recognized by the competent authority;
- Clarifying the effectiveness of the practical application of inventions and innovations; the needs of businesses and the public; conditions and ability to expand the scope of application of inventions and innovations;
- Clarifying the applicability of inventions and initiatives to serve social interests in the production and supply of public products and services; serving national defense and security; protecting the environment and people’s health.
Procedures
- Organizations and individuals shall submit dossiers of application for purchase of inventions or innovations to ministries and ministerial-level agencies according to branches and domains under their management.
- Ministries and ministerial-level agencies according to branches and domains under their management shall consider and evaluate dossiers in the following order:
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- Send a notice to the organization or individual about the results of the dossier review and request amendments and supplements (if any). In case the application does not meet the requirements, a written notice must be given, clearly stating the reason;
- Evaluate valid dossiers through the evaluation board. The Evaluation Council has from 07 to 09 members, including representatives of regulatory agencies and experts in relevant fields;
- Approving inventions and innovations for consideration and purchase.
- In case an invention or initiative is not approved, a written notice must be given, clearly stating the reason.
The dossiers
- A written request for the State to purchase an invention or initiative;
- Patent protection certificate, certificate of the invention;
- The document demonstrates the effective application of the invention, the initiative in practice, and the ability to expand the application scale;
- Written recommendations of agencies or organizations on the necessity of purchasing inventions, innovations, and plans for management, exploitation, and transfer.
The competent
- Ministries, ministerial-level agencies, agencies attached to the Government
Time
25 working days.
- Send a notice to the organization or individual about the results of the dossier review and request for amendments and supplements (if any): 03 working days from the date of receipt of the dossier;
- Evaluation of dossiers through the evaluation board: 15 working days;
- Approval of inventions and innovations for consideration and purchase: 07 working days from the date of receipt of the results of the council’s dossier evaluation.
Our services
- Consulting on all kinds of procedures for customers;
- Drafting, preparing, and checking the validity of dossiers;
- Working with state agencies;
- Receive results on behalf of clients;
- Handing over the results to the client.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com.
Wishing you and your family good health, peace, and success!
Best regards!
