What did you learn from applying for a patent?

1.You really need a patent lawyer.

2.The language of patents is really weird and really specific. My most recent patent application was just returned by the examiner for corrections because in my claims, I talked about a device equipped with sensors, wherein each sensor feeds information to a programmable processor. The examiner told me the claims had to make reference to a device equipped with sensors, wherein each said sensor feeds information to a programmable processor. That’s how finicky and persnickety they are about language.

Patent Consultant in Vietnam

3.It’s very expensive.

4.No matter how thoroughly you search, the patent examiner will come up with prior claims or prior art he thinks might invalidate your claims. This prior art may or may not have any relevance; it’s a complete crapshoot.

5.You really need a patent lawyer.

6.Patent lawyers charge fees that make open-heart surgery look affordable.

7.Working on a patent really makes you think clearly and meticulously about what you’re doing. You need to be able to communicate your ideas with a degree of precision you may not be accustomed to, both to your lawyer and to the patent examiner. You can’t make assumptions. You can’t leave details out. If you can’t describe your invention with that level of clarity and precision, you might not be ready to patent it yet.

8.Think global, write local. Describe your invention in detail…but make your claims general enough that your patent can’t be worked around just by changing the implementation details.

9.You really need a patent lawyer.

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What Are Patent Owner’s Right?

According to Vietnam Law on Intellectual Property, patent owner’s rights are:

To use, transfer or authorize others to use industrial property objects according to the provisions.

Vietnam patent

-Use of industrial property objects

-Use of an invention means the performance of the following acts:

-Manufacturing the protected product;

-Applying the protected process;

-Exploiting utilities of the protected product or the product manufactured under the protected process;

-Circulating, advertising, offering or stocking for circulation the products or the product manufactured under the protected process;

-Importing the product or the product manufactured under the protected process;

To prevent others from using industrial property objects;

To dispose of industrial property objects according to IP Law of Vietnam.

Our patent lawyers in Vietnam always follow development on law on Intellectual Property to provide our client with update.

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How do patents work for cosmetics?

How do patents work for cosmetics? What can be done if there is already a patent that exists for my idea?

This is an American perspective. Patents for cosmetics do not work very well.

A lot of the applications I see are mostly marketing proposals “we are using all natural organic ingredients…” to do what one would expect these ingredients to do. Well, that’s not patentable subject matter under section 101 of the Patent Act because it is directed to a natural compound that does not perform a surprising result.

It’s easy enough to get around this. You can add a single non-naturally occurring preservative, but then you are not selling something, “using all natural organic ingredients…” and that messes with your marketing.

The next problem is that you need to have at least one ingredient that has never been used in cosmetics before. This is really hard to do because old patent applications in this field list thousands of ingredients that can be combined in all quantities from 0.1 to 99%. Those applications render almost any combination of “all natural organic ingredients” either anticipated or obvious.

Now, if you do have a new non-naturally occuring active ingredient, then, of course, the patent system, in conjunction with the exclusivity provided in some instances with the FDA works really well. So well, that other countries have started modeling the American system. 

You may want to have a patent attorney take a look at the other patents that exist in your space. It is possible that you may be able to capture some value from those patent owners.

How ANT Lawyers Could Help Your Business?

To learn more about ANT Lawyers IP Practice or contact our Patent Attorneys inVietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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